Agenda and minutes

Apologies for absence were submitted on behalf of the Licensing Unit Manager, M Bridge.

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

Councillor Hussain declared he attended the same mosque as the applicant in relation to agenda item 8 but was not a close associate of the applicant so would remain in the meeting for discussion of the item.

The minutes of the meeting held on the 14th July 2022 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.

Delegated decision:

That the Minutes of the last meeting held on the 14^th July 2022 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.

One members of the public was in attendance at the meeting although no questions had been pre submitted or were verbally asked at the meeting.

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

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:

The Licensing Service had dealt with a number of compliance and

enforcement matters between the 4^th July and the 21^st August 2022.

Compliance Visit to Gambling Premise

On the 9^th July 2022, officers from the Public Protection Service carried out an

informal test purchase exercise at a premises licensed under the Gambling Act

2005, children were able to play on category C machines without being

challenged. Licensing Officers have issued a warning to the holder of the

Licence and have notified the Gambling Commission.

Scrap Metal Dealers Application

Following a multi-agency operation, a scrap metal premises was visited by

Greater Manchester Police and Licensing Officers. Officers were notified that

the business had been sold this resulted in officers issuing a closure notice to

the new owner. He was advised that a new application would have to be made

under the Scrap Metal Dealers Act 2013.

The Licensing Service received an application which resulted in the Council’s

Authorised Officer (Head of Public Protection) holding a hearing on the 4^th July

2022. After consideration of the application, it was determined that the

application be refused.

Delegations to Officers

Following the decision of this Committee delegating to officers the power to

issue warning letters, as of the 16^th August 2022, seven warning letters have

been issued following consideration by the Licensing Unit Manager.

Certificate of Thanks

Members will be aware that the Licensing Service issue permits for charitable

collections. The Licensing Service have received a Certificate of Special

Thanks which was issued on the 11^th  July 2022 from the Christie organisation

for supporting a collector who has been doing this for over 20 years.

Outcome of Appeal

Members will recall a matter that was considered in relation to a private hire

driver who had his licence revoked with immediate effect due to his driving. The

driver appealed the Council’s decision to the Magistrates Court. The

Magistrates dismissed his appeal and awarded the Council £1,200 court costs.

HACKNEY FARE INCREASE

Members will recall that the proposed Hackney Fare increase was agreed at

the last Committee. The advert for the proposed fares was placed in the Bury

Times on 28^th July and passed through the 14 day representation period without

any being received. Therefore implementation of the new fares can now start

to take place. It has been arranged for the Hackney meters to begin being

changed on the 6^th September. Licensing Enforcement Officers will then test

and seal the meters on 13^th and 14^th September.

CLEAN AIR UPDATE        

Greater Manchester (GM) remains under a legal direction to deliver compliance with legal nitrogen dioxide (NO2) limits in the shortest possible time and by 2026 at the latest. GM local authorities have submitted the case for a new Greater Manchester Clean Air Plan (GM CAP) to government. A response  ...  view the full minutes text for item LSP.5

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.

The Executive Director (Operations) submitted a report relating to an application for the grant of a private hire vehicle licence contrary to current Council policy.

The Applicant 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 Deputy Licensing Unit Officer, set out the reasons the application had been brought before the Committee.

The Deputy Licensing Unit Officer reported that Members would recall a report relating to Stage 2 of the Common Minimum Licensing Standards (Vehicles) that was considered by this Committee on the 11^th November 2021 and Full Council on the 24^th November 2021. Members resolved to implement the Lead Officers recommendations in the report for vehicle standard 2 (Vehicle Age) which stated the following:-

To implement the following as the minimum standard:

·         PHV – under 5 years on to fleet and 10 years off

Following the introduction of this standard the Licensing Service sent an email

to all licence holders on the 3^rd December 2021 informing them of the new

changes that had been implemented and giving the link to the Council’s website

to enable licence holders to view the changes. The content of the email was

included in the agenda pack report.

The Licensing Services computer system has been checked and the email address held for the applicant is correct.

Members were made aware that licence holders are able to submit their renewal applications to the Licensing Service up to 8 weeks in advance of the licence expiry.

The applicant was the holder of private hire vehicle licence which expired on the 28^th June 2022.

On the 28 June 2022, the same day his vehicle licence expired, the applicant stated that he accessed the Council’s website to make a renewal application in respect of the above vehicle however the applicant is unable to prove this. The applicant did not contact the Licensing Service to check that their application had been successfully submitted.

The applicant did not make any payment online. The online application system is set up so that a successful application is only achievable if payment is made. Only then would it be received by the Licensing Service. As this was not the case, the vehicle licence renewal application was never received by the Licensing Service. Therefore, the private hire vehicle licence in question had expired.

On the 29^th June 2022, the applicant spoke to the Senior Licensing Advisor after their private hire vehicle licence had expired, the applicant was asked why they had not submitted their application in good time before the vehicle licence expired. The applicant stated that had not realised when the expiry date was. The applicant has advised the Licensing Service that he was not able to pay for the private hire vehicle licence renewal application due to the payment screen not being shown. The  ...  view the full minutes text for item LSP.8