Agenda and minutes

No apologies for absence were submitted.

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

Councillor Boroda declared an interest that he was a member on a number of Jewish bodies which were detailed on his councillor register of interests.

The minutes of the meeting held on the 1st September 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 1^st September 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.

Members of the public were in attendance at the meeting and submitted the following verbal questions:-

Mr Mahmood in his role as a union representative in Bury referred to a number of recent incidents involving driver safety. A vehicle had been stolen, a driver assaulted and a mobile phone stolen and he felt that stickers on the front of vehicles had contributed to these incidents. When incidents were reported to the police the crime reference number was used for insurance purposes only and he asked the committee if they were interested in driver safety and would look into these recent matters.

The Chair stated that the committee were concerned for driver safety and referred to the trade liaison meetings that take place with both the Council and GMP to deal with such matters. Mr Bridge, Licensing Unit Manager referenced the operational report included later in the agenda packs and an update on the trade liaison meetings. Further work would be conducted on vehicle stickers following a decision made last year and Mr Bridge asked had all incidents been reported to the police.

Mr Mahmood stated the police had been informed but stressed it was not safe and actions needed to be taken by Members and Officers.

The Chair advised that the crime numbers for each incident should be sent to the Licensing Officers who can flag this up with GMP and provide full details to help aid any investigations. Mr Bridge added that GMP have a Whatsapp group where information like this can be shared to aid investigations.

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 22^nd August and the 13^th November 2022.

Compliance Visit to Gambling Premise

On the 30 August 2022, officers from the Public Protection Service carried out

a compliance inspection with the Gambling Commission. A number of issues

were identified and details included in the report pack.

APPEAL TO MAGISTRATES COURT

On the 26^th July 2022, an appeal against the decision of the Licensing and

Safety Committee in respect of a revocation of a Private Hire Drivers Licence

was considered by Stockport Magistrates Court. The magistrates upheld the

decision of the council, stating that the driving was well below the acceptable

standard, most especially for a professional driver. The appellant was ordered

to pay a contribution to the council’s costs in the sum of £1,200.

Delegations to Officers

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

issue warning letters, as of the 28^th October 2022, thirteen warning letters have

been issued following consideration by the Licensing Unit Manager.

CLEAN AIR UPDATE        

Following a request from Transport for Greater Manchester, on the 9^th

September 2022 the Licensing Service had sent emails out to all licensed

drivers, private hire operators and trade associations regarding a survey that

was being conducted. The content of the email was included in the report pack.

PARTNERSHIP OPERATION      

Officers of the Licensing Service were scheduled to undertake a partnership

operation on the 16^th September 2022 with Greater Manchester Police, it was

agreed with the Head of Public Protection and Greater Manchester Police that

the operation would be cancelled due to the death of her Majesty Queen

Elizabeth II.

VOLUNTARY CLOSURE AT LICENSED PREMISES

On the 9^th or 10^th August 2022, Greater Manchester Police requested that the

Premises Licence holder/Designated Premises Supervisor of Hidden Bar

voluntary closed the Hidden Bar, Unit B, 24 Silver Street, Bury, BL9 0DH

following an incident at the premises. The premises agreed to the request of

Greater Manchester Police.

SUMMARY REVIEW REQUESTED BY GREATER MANCHESTER POLICE

On the 12^th September 2022, Greater Manchester Police submitted an

application to the Licensing Authority for a Summary Review in respect of the

Hidden Bar, Unit B, 24 Silver Street, Bury, BL9 0DH because they believed that

the premises were associated with Serious Crime and/or Serious Disorder.

On the 14^th September 2022 a Licensing Hearings Sub Committee interim steps hearing was held, following receipt of the Summary Review application from GMP, Members of the Licensing and Safety Panel considered whether interim measures should be taken in respect of the Premises Licence for the purpose of promoting the Licensing Objectives.  The Sub-Committee resolved that in order to promote the said licensing objectives, it was necessary to impose interim steps and that it must suspend  ...  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.

Licence Holder 8/2022

The Executive Director (Operations) submitted a report relating to Licence Holder 8/2022 who was in attendance at the meeting alongside his representative Mr Thorpe. 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 Licensing Manager, 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 the 29^th April 2003 until its expiry on the 9^th February 2025. It also included details of warnings/complaints made since September 2019 along with previous panel appearances dating back to 2016 which were detailed in Appendix A and B of the report.

The Council had received two complaints about the licence holder via the operator and it was alleged that he had engaged with fare carrying passengers via some inappropriate conversations. Appendix C detailed the private hire operator statement provided in relation to complaints made in June and July 2022

A summary of complaint 1 on the 7^th June 2022 and complaint 2 in the 27^th July were detailed fully in the agenda pack. The first incident involved an elderly couple and during the trip the driver started asking questions about plans for going away on holiday, how much they earned and pension payments. Having noticed one of the passengers was using walking sticks he remarked that he had sought medical attention for a bad back and a doctor had prescribed strong medication to alleviate the pain. The passengers took offence to such questions feeling that they were intrusive and overly personal and also raised concerns that the driver should not be driving if heavily medicated.

The second incident was in relation to the driver having a conversation with a lady asking if she was going out drinking and when she replied she did not drink the driver responded by asking if she would like to go out for coffee or lunch. The offer was declined but the passenger felt he was insistent and kept asking her to join him for coffee. When the journey was complete, he asked the passenger to wait as she was getting out of the vehicle but she refused telling him that friends were waiting for her. The incident left her feeling uncomfortable.

This client’s private hire operator had been contacted in relation to the complaints they received, and they advised that they had spoken to the driver and warned him that such conduct is not acceptable. The Operator stated that the driver apologised to them for his behaviour and stated it would not happen again.

On the 8^th August 2022, a Licensing Enforcement Officer received a report that earlier that day the client had been present in the public reception area of the town hall. The report stated he had engaged the town hall receptionist  ...  view the full minutes text for item LSP.8

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

Licence Holder 10/2022

The Executive Director (Operations) submitted a report relating to Applicant 10/2022 who was not in attendance at the meeting.

The Licensing Unit Manager informed the Committee that the applicant had requested an adjournment of this case.

Delegated decision:

The Committee deferred the application until the next Licensing and Safety Committee.