Agenda and minutes

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Venue: Council Chamber, Bury Town Hall

Contact: Michael Cunliffe  Democratic Services

Note: Please note this meeting will be live streamed 

Items
No. Item

LSP.1

APOLOGIES FOR ABSENCE

Minutes:

Councillors K Leach, C Walsh and M. Bridge (Licensing Unit Manager).

 

LSP.2

DECLARATIONS OF INTEREST

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.  

Minutes:

Councillor Rydeheard declared an interest that in his employment he had worked on a number of cases involving Private Hire and Hackney Carriage drivers.

 

LSP.3

MINUTES OF PREVIOUS MEETING pdf icon PDF 233 KB

The minutes of the meeting held on the 16th December 2021 are attached. Members of the Licensing and Safety Committee are asked to consider whether these are a correct record of the meeting, and if so, to formally approve them.

Minutes:

Delegated decision:

 

That the Minutes of the last meeting held on the 16th December 2021 be approved as a correct record and signed by the Chair.

 

LSP.4

PUBLIC QUESTION TIME

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.

Minutes:

The Chair explained to the meeting two public questions had been submitted in writing prior to the meeting from the same person.

 

Mr Khalid Hussain representing the Bury Hackney Association as Chair asked questions regarding the following issues:-

 

1. The facilities provided by Bury Council in relation to MOT testing and

other matters together with licensing department policies and rules at present are different compared to those before 1996, when there were no members of the trade of a minority. An explanation for the reason for the differences was requested.

 

The Head of Public Protection, Ben Thomson responded that the Council has recently undertaken a tender exercise in relation to a second testing station, this is currently being evaluated. Once the evaluation has been completed consideration will be given to awarding of the contract. As you are aware the Council policy for the testing of Hackney Carriage and Private hire vehicles is that each vehicle is tested twice a year. Due to the common minimum licensing standards Stage 2 (vehicles) that was considered on the 11th November 2021 by Licensing and Safety Committee and the 24th November 2021 at full Council, members implemented new standards which removed the five fault rule for Hackney Carriages and the exceptional condition criteria for Private Hire vehicles.

 

The Question that you raise in relation to limit the number of Hackney Carriage Plates, Bury Council removed the limit in 1996 to allow market forces to dictate the numbers required. Bury Council has not as far as I am aware had any limit on private hire vehicles.

 

The Licensing Service currently reviewing the fees methodology with all of the other 9 Greater Manchester Authorities and will use this in the future to calculate fees. Vehicle Licences can be applied for up to 8 weeks in advance, but unfortunately vehicle proprietors do not apply in advance and as you will no doubt appreciate this can cause issued with appointments for those drivers who have not taken advantage of applying early to renew their vehicle licence.

 

Due to the Covid Pandemic, the licensing service had to act quickly to enable the trade to submit applications for vehicles/operators and drivers, therefore the trade can make online applications whenever they are able to and upload documentation that is required for consideration by the Council. One of the Council’s priorities is to embrace digitalisation of services, therefore the online service supports this priority.

 

Over the years the policies and procedures have been reviewed and implemented, but what we need to remember is that the policies and procedures of the Council are put in place to protect both the licensed drivers and passengers travelling in licensed Hackney Carriage and Private Hire vehicles in Bury.

 

2. Issues regarding Bradley Fold MOT station and problems encountered with staff behaviour that have been the subject of complaints made and a signed petition, but no action has been taken. In addition, concerns about following VOSA guideline on emissions and the failure to provide computer  ...  view the full minutes text for item LSP.4

LSP.5

OPERATIONAL REPORT pdf icon PDF 621 KB

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

Minutes:

The Executive Director (Operations) submitted a report advising Members on operational issues within the Licensing Service.

 

The report set out updates in respect of the following issues:

 

COMPLIANCE/ENFORCEMENT

 

The Licensing Service have dealt with compliance and enforcement

matters on a number of occasions between the 6th and 19th December and

these details were included in the report attached to the agenda packs.

 

SECOND TESTING STATION

The Licensing Service have been working with the Council’s Procurement

Section in respect of a concession to provide a second testing station for

the testing of Hackney Carriage and Private Hire vehicles. The opportunity

closed at 12 noon on 22 December 2021. 

 

THE HEALTH PROTECTION (CORONAVIRUS, RESTRICTIONS) (ENTRY TO

VENUES AND EVENTS) (ENGLAND) REGULATIONS 2021

 

The Health Protection (Coronavirus, Restrictions) (Entry to Venues and

Events) (England) Regulations 2021 came into force on the 15th December

2021 and provide new legal requirements for;

·         All nightclubs 

·         any other venue that is open between 1am-5am with alcohol, music and dancing.

The Regulations have provided a new legal requirement for venues (as detailed above) and events to check that all visitors aged 18 years or over are either:-

·         fully vaccinated (currently a full course of vaccination without the need for a booster, but this will be kept under review), OR

·         have proof of a negative test in the last 48 hours, OR

·         they have a legal exemption.

This means to gain entry into these venues or be inside a venue between 1am – 5am anyone aged 18 years or over must

·         show their NHS COVID Pass, or

·         show alternative documented proof of a negative test result, such as an email or text proof (from NHS England). A physical lateral flow test kit must not be accepted – the person who undertook the test must upload the result to the NHS England website who will then issue the individual with a text or email notification.

 

Letters and emails have been sent out to those premises licensed for the sale of alcohol after 1am to inform them of these new regulations.

 

Members asked when the implementation date was for the second testing station and would it go ahead with a drop in licensed vehicles which could impact upon revenue. The Assistant Director of Operations Strategy reported that they were finalising the evaluation process and the timeline was to award a contract for the start of April this year. The Head of Public Protection confirmed the second station would go ahead and there had been applications submitted before the deadline. Revenue issues would be looked at if there were any issues or concerns.

 

A Member of the Committee asked about viewing historic revenue figures and the Chair stated this information would be available for the Councillor to view via available past Council budget papers. The Chair advised that other comments made were not relevant to the report on the agenda and should be dealt with outside of the Committee meeting.

 

It was agreed:

 

That the report be  ...  view the full minutes text for item LSP.5

LSP.6

URGENT BUSINESS

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

Minutes:

No urgent business was reported at the meeting.

 

LSP.7

EXCLUSION OF PRESS AND PUBLIC

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.

 

 

Minutes:

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.

 

LSP.8

APPLICATION TO GRANT A HACKNEY CARRIAGE VEHICLE LICENCE CONTRARY TO COUNCIL POLICY DEFERRED FROM 16 DECEMBER 2021

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

Minutes:

The Executive Director (Operations) submitted a report relating to an application for the grant of a hackney carriage license. Th Applicant was not in attendance at the meeting.

 

The Applicant’s representative, Mr Charles Oakes requested the application be considered in the absence of the Applicant who was suffering with ill health.

 

The Head of Public Protection reported that prior to February 2006, Hackney Carriage vehicles over 10 years old were not licensed by Bury Council unless the vehicle was in ‘exceptional condition’. On the 2 February 2006, following a request from the Hackney Carriage Association, the Licensing and Safety Panel reviewed the ‘exceptional condition’ criteria and resolved to allow vehicles to be licensed beyond 10 years of age subject to the vehicle passing requisite inspections with no more than 5 faults being identified (‘the 5 fault rule’).  The Council’s Policy in relation to Hackney Carriages has been reviewed on a number of occasions since this date and on the 27July 2017, the Licensing and Safety Panel considered a report following a request from the Hackney Carriage Association that the Council consider a 15 year age policy and to review whether the 5 fault rule or the exceptional condition criteria should apply to all hackney carriage vehicles over 10 years of age. Members resolved unanimously to continue with the policy in relation to Hackney Carriage vehicles over 10 years old in that the vehicles would continue to be subject to the 5 fault rule.

 

The Head of Public Protection also reported that the decision on the 24 November 2021, of Council to adopt the minimum licensing standards, had no impact on this application as it was received before that date.

 

In relation to the vehicle application in question, it was reported that, Bury Council has licensed the vehicle in question, as a hackney carriage since the 3rd May 2007. On the 12th July 2021, the vehicle was transferred to the Applicant, a licensed hackney carriage driver. The vehicle licence expired on the 18th November 2021. 

 

On the 15 November 2021, the Applicant contacted the Licensing Service to advise that due to the age of the vehicle from date of first registration, he was unable to make an online application to renew his vehicle licence. This was due to the online application process  configured so as to not allow vehicles that were over the age policy to make online applications.

 

Following the notification from the Applicant, a member of the Council’s Licensing Team sent an email to him the same day containing the application form for him to make a renewal application for this vehicle

 

The Licensing Service did not receive the renewal application from the Applicant until the 21st November 2021 which was after his vehicle licence expired. In light of the difficulties that the Applicant had experienced the Licensing Service agreed to treat the application as a renewal application even though the vehicle licence has expired.

 

On the 24th November 2021, the vehicle underwent  ...  view the full minutes text for item LSP.8

LSP.9

SUSPENSION/ REVOCATION OF PUBLIC/ PRIVATE HIRE DRIVER LICENCES

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

Minutes:

Licence Holder 31/2021

 

The Executive Director (Operations) submitted a report relating to Licence Holder 31/2021 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 Licence Holder and presented by the Head of Public Protection, set out the reasons for the Licence Holder being before the Committee.

 

The report stated that the Licence Holder had held a private hire driver’s licence continually since 4th July 2003 and that on the 24th November 2021 he had emailed the Licensing Service to give notification of a speeding offence on 2nd July 2021 for which he had received 3 penalty points and a fine of £100. The Licensing Service had no record of this offence and it had not previously been notified to the Licensing Department in accordance with the requirement within the conditions on his licence that such matters should be notified in writing within 7 days.

 

This Licence Holder was subsequently contacted by a Licensing Officer, and he explained the background to the offence which was detailed in the report attached to the agenda.

 

The Licence Holder apologised and explained at the meeting that he had been in the taxi trade for a number of years and thought he only need to notify the Licensing service when he renewed his licence.

 

Upon questioning by Officers and Members he explained that a friend had mentioned that the Council must be informed of any convictions and he needed the licence as he was the sole provider for his household. The Licence Holder confirmed he would re-read the conditions on the back of his licence.

 

Delegated decision:

 

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

 

Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, the committee resolved to take no action against the Licence Holder and reminded him of his responsibility for declaring future convictions within the timescales printed on the licence.

 

LSP.10

APPLICATIONS FOR THE GRANT/ RENEWAL OF PRIVATE HIRE DRIVER LICENCES

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

Minutes:

Licence Holder 32/2021

 

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 presented by the Head of Public Protection, set out the reasons for the applicant being before the Committee. 

 

The report stated that the Applicant had held a Private driver’s licence continuously since 12th November 2015 until its expiry on 11th November 2021.

 

The Applicant emailed the Licensing Service on 28th October to declare a speeding conviction on 31st May 2021, for which he received 3 penalty points and a fine of £100. This conviction had not previously been declared to the Licensing Service.

 

The applicant had therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions and as a new Applicant the matter had therefore been referred to the Committee.

 

This Applicant has been contacted by the Deputy Licensing Officer for an explanation. The Applicant explained that he was caught by a speed camera. When asked why he had failed to declare the conviction he stated that he was not aware that he had to, then he was told about reporting convictions and on hearing that he did so immediately. The communication from the Applicant was attached at Appendix 1 in the agenda pack.

 

The Applicant stated to the Committee that he was very sorry and was not very good with email communication and had requested a telephone discussion with the service. He stated he had forgot to report the offence but had provided details on the application form. This was the first time in over 30 years that he had received any penalty points and would have liked the case decided before Christmas.

 

The Head of Public Protection asked if the Applicant had read the conditions on the back of the licence and he stated he had familiarised himself with them over the last couple of months.

 

Delegated decision:

 

The Committee carefully considered the report, and oral representations by the Applicant.

 

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 application for a three year period. The Chair informed the Applicant to report any licence breaches if they occur in the future within the required timescale.

Licence Holder 33/2021

 

The Executive Director (Operations) submitted a report relating to applicant 16/2021 who was in attendance at the meeting accompanied by a 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 presented by the Head of Public Protection, set out the reasons for the applicant being before the  ...  view the full minutes text for item LSP.10