Venue: Council Chamber, Bury Town Hall
Contact: Michael Cunliffe Democratic Services
APOLOGIES FOR ABSENCE
Apologies for absence were submitted on behalf of the Licensing Unit Manager, M Bridge.
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.
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.
MINUTES OF PREVIOUS MEETING PDF 287 KB
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.
That the Minutes of the last meeting held on the 14th July 2022 be approved as a correct record and signed by the Chair.
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.
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 4th July and the 21st August 2022.
Compliance Visit to Gambling Premise
On the 9th 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 4th 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 16th 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 11th 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 28th 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 6th September. Licensing Enforcement Officers will then test
and seal the meters on 13th and 14th 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.
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.
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.
APPLICATION TO GRANT A PRIVATE HIRE VEHICLE LICENCE CONTRARY TO CURRENT POLICY
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 11th November 2021 and Full Council on the 24th 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 3rd 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 28th 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 29th 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