Agenda and minutes

Councillors Leach, M Smith, Walsh, S Wright and Ben Thomson, Head of Public Protection.

Members of the Licensing and Safety Panel are asked to consider whether they have an interest in any of the matters on the agenda, and if so, to formally declare that interest.  

Councillor Walmsley declared an interest in the agenda item suspension/ revocation of Private Hire Driver Licence, number 15/2021.

This was due to Councillor Walmsley knowing the applicant.

Councillor Rydeheard declared an interest in the agenda item suspension/ revocation of Private Hire Driver Licence, number 4/2021 and applications for the grant/ renewal of private hire driver licence, number 17/2021.

This was due to Councillor Rydeheard knowing the solicitor representing both items.

The Minutes of the Meeting held on the 24^th June 2021 are attached. Members of the Licensing & Safety Committee are asked to consider whether these are a correct record of the meeting, and if so, to formally approve them.

Delegated decision:

That the Minutes of the last meeting held on the 24^th June 2021 be approved as a correct record and signed by the Chair.

Questions are invited from members of the public present at the meeting on any matters for which this Panel is responsible.

Approximately 30 minutes will be set aside for Public Question Time if required.

No public questions were submitted to the meeting.

A report from the Executive Director (Operations) is attached.

The Executive Director (Operations) submitted a report providing Members with an update on the process and timelines associated with the provision of an additional authorised testing station in Bury for hackney carriage and private hire vehicles. It included details of the work that needs to take place to fully understand the associated impacts and to set up the required arrangement.

The process and timeline outlined in the report would ensure the implications of introducing a second authorised testing station are understood and a fair, open and transparent process is carried out to procure an additional authorised testing station in Bury.

It was agreed:

To approve the process and timelines associated with the provision of an additional Authorised Testing Station, as set out in Section 3 of the report attached to the agenda.

Any other business, which by reason of special circumstances, the Chair agrees may be considered as a matter of urgency.

No urgent business was reported at the meeting.

To consider passing the appropriate resolution under section 100 (A)(4) of the Local Government Act 1972 that the press and public be excluded from the meeting during consideration of the following item of business since it involves the likely disclosure of the exempt information stated.

Delegated decision:

That in accordance with Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items of business since it involved the likely disclosure of information relating to individuals who hold Licences granted by the Authority or Applicants for Licences provided by the Authority.

A report from the Executive Director (Operations) is attached.

Licence Holder 15/2021

Councillor Trevor Holt Chaired the meeting for this application only.

The Executive Director (Operations) submitted a report relating to Licence Holder 15/2021 who was in attendance at the meeting along with Mr Ahmed his legal representative. The Chair made introductions and the Council Solicitor outlined the procedure to be followed and clarified that all those in attendance had read the report. The report was accepted by the Licence Holder and the Licensing Manager set out the reasons for the Licence Holder being before the Committee.

The report stated the licence holder had held a private hire driver’s licence continually since 8^th December 2003 until its expiry on the 20^thMay 2022. He emailed the licensing department on 27^th May 2021 to inform them that he had received two motoring convictions (SP30) following an email sent to all licensed drivers to remind them of the conditions attached to their licence. This licence holder had therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions.

This licence holder was subsequently interviewed by the Licensing Enforcement Officer and he explained the background to the offences which was detailed in the report attached to the agenda packs.

The licence holder and his legal representative explained at the meeting that he had been involved in an accident as a pedestrian not long after the second offence took place. This had resulted in four operations and medical paperwork had been presented to the Chair. He had also experienced family problems and non-disclosure of the offences was a mistake for which he submitted apologies and stated it would not happen again. He also thought the email from the Licensing Department which he replied to on the same day was an amnesty to declare any past convictions that may have not been declared.

Upon questioning by the Licensing Manager he admitted last reading the licensing rules a number of years ago and apologised for the mistake.

Delegated decision:

The Committee carefully considered the report, and oral representations by the Licence Holder and his legal representative.

Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, that the committee resolved to admonish the licensee as to future conduct and reminded the applicant to recognise the responsibility for declaring future convictions within the timescales printed on the licence.

Licence Holder 07/2021

The Executive Director (Operations) submitted a report relating to Licence Holder 07/2021 who was in attendance at the meeting. The Chair made introductions and the Council Solicitor outlined the procedure to be followed and clarified that all those in attendance had read the report. The report was accepted by the Licence Holder and the Licensing Manager set out the reasons for the Licence Holder being before the Committee.

Members were reminded this matter was scheduled to be heard on the 8^th July 2021, but a request by the licence holder  ...  view the full minutes text for item LSP.8

A report from the Executive Director (Operations) is attached.

Licence Holder 17/2021

The Executive Director (Operations) submitted a report relating to applicant 17/2021 who was in attendance at the meeting along with Mr Ahmed his legal representative. The Chair made introductions and the Council Solicitor outlined the procedure to be followed and clarified that all those present had read the report. The report which was accepted by the applicant and the Licensing Manager set out the reasons for the applicant being before the Committee. 

This applicant had held a Private driver’s licence continuously since 15^th April 2015 until its expiry on 11^th April 2021.

On the 6^th April 2021 the private hire drivers licence was extended without prejudice until the date of this committee meeting.

The online application explains that any traffic offences must be declared irrespective of when they occurred. This applicant selected no when asked “Do you have any convictions, fines or formal cautions?” The applicant also selected no when asked “Have you been issued with any fixed Penalty notices?”

When a licensing advisor used the DVLA’s online portal to check this applicant’s driving licence a conviction (SP30) was found. This applicant had therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions.

This applicant was subsequently interviewed by the Licensing Enforcement Officer, and he explained the background to the offence which was detailed in the report attached to the agenda packs.

The applicant stated that English was not his first language since arriving in the UK 6 years ago. It was an error on his behalf when completing the online application form as he was not used to computers

The applicant apologised and added that he had visited the Council’s reception area within 7 days to report the points but there was no record to confirm or deny this statement.

Delegated decision:

The Committee carefully considered the report, and oral representations by the Licence Holder and his legal representative.

Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, that the committee resolved to grant the licence application for a period of 12 months. They informed the applicant that their mitigation was contradictory and reminded the applicant to recognise their responsibility for any licence breaches if any occur in the future.</AI9>

Licence Holder 16/2021

The Executive Director (Operations) submitted a report relating to applicant 16/2021 who was in attendance at the meeting. The Chair made introductions and the Council Solicitor outlined the procedure to be followed and clarified that all those present had read the report. The report which was accepted by the applicant and the Licensing Manager set out the reasons for the applicant being before the Committee. 

This applicant had held a Private driver’s licence continuously since 14^th June 2018 until its expiry on 13^th June 2021. He had submitted an online application for the renewal of a Private Hire drivers licence on the 25^{th  ...  view the full minutes text for item LSP.9}