Agenda and minutes

Apologies for absence were submitted by Councillor N Bayley and R Brown.

Councillor S Haroon acted as a substitute representative for Councillor Bayley.

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 Rydeheard, declared an interest  in relation to the private agenda item 9, case numbers 4/2024 and 5/2024 as he knew both the driver’s representatives but would remain in the meeting for this item.

Councillors McGill and Ibrahim declared an interest in relation to the private agenda item 9, case number 4/2024 as they knew the driver’s representative but would remain in the meeting for this item.

The minutes of the meeting held on the 18^th April 2024 are attached. Members of the Licensing and Safety Committee are asked to consider whether these are acorrect record of the meeting, and if so, to formally approve them.

Delegated decision:

That the Minutes of the last meeting held on the 18^th April 2024 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 questions had been pre submitted to the meeting.

One member of the public was in attendance at the meeting and asked about private hire drivers identity badges. He had emailed the committee in April this year highlighting the matter again and had concerns with the size and metal chain of the identity badge.

The Licensing Unit Manager reported he had sent a reply to the member of the public and explained the issues. He apologised for any delays in progressing the issue but the licensing department had to undertake a procurement process and follow contract procedure rules. An update would be provided at the next taxi liaison meeting. The Licensing Unit Manager added the metal chains had been tested and do break when pulled from around the neck of the body. A decision on the size of the badge and a report on the matter would be for future consideration of this committee.

Each Committee is required to have a nominated Corporate Parenting Champion. The nominated Member will receive training from Childrens Services and be responsible for advocating Corporate Parenting matters in each committee.

If the representative wishes to also attend Corporate Parenting Boards, these are scheduled for the 20245-2025 municipal year 2024-2025:-

·         6th June 2024

·         2nd July 2024

·         10th September 2024

·         3rd December 2024

·         9th January 2025

·         4th March 2025

Each Committee was required to have a nominated Corporate Parenting Champion and they would receive support and training from Childrens Services. They would be responsible for advocating Corporate Parenting matters in each committee. Champions would be appointed by each Committee at the first meeting of the municipal year and the representative could also attend Corporate Parenting Boards which are scheduled for the municipal year 2024-2025.

Delegated decision:

That Councillor G. McGill be appointed the Corporate Parenting Champion for the Licensing and Safety Committee during the municipal year 2024-2025.

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 1^st April and the 26^th May 2024.

LICENSING HEARINGS SUB-COMMITTEE

On the 19^th April 2024, an application for the grant of a premises licence at

Beytoushi,  Market, 406 Bury New Road, Prestwich, Manchester, M25 1BD was

due to be considered by the Licensing Hearings Sub-Committee. The

application attracted representations from Greater

Manchester Police, Trading Standards and the Licensing Authority in their

capacity as Responsible Authorities. The Licensing Authority received

notification from the applicant that he was withdrawing the application. Due to

the withdrawal of the application the hearing did not take place.

Following a request by the Chief Superintendent for a summary review in

respect of Metro, 66 Spring Lane, Radcliffe due to the premises being linked to

serious crime, an interim steps hearing was held on the 26^th March. Members

decided to impose interim steps pending the full review of the Premises Licence

being the suspension of the Premises Licence and the removal of the DPS. The

full review of the premises licence took place on the 17^th April 2024

and members decided to revoke the licence and determined that the interim

steps stay in force during the appeal period.

On the 19^th April 2024, an application for the grant of a premises licence in

respect of Hareram, 40 Holly Street, Tottington was considered by the members

of the Licensing Hearings Sub-Committee. Representations were received from

two interested parties. Members decided to grant the application.

PREMISES LICENCE LAPSED DUE TO INSOLVENCY – Club 66

Members were reminded about an application for a summary review submitted

by Greater Manchester Police in respect of Club 66, 24 Silver Street, Bury.

Members resolved to revoke the premises licence. The Licence holder

appealed the Council’s decision to the Magistrates Court.

However, during the appeal period the limited company was

dissolved, therefore the premises licence lapsed due to the requirements of the

Licensing Act 2003

MULTI AGENCY WORK

The Deputy Licensing Officer worked in partnership with Greater Manchester

Police on the 20^th April 2024 for the football derby held at Ramsbottom United

FC between Bury FC and Ramsbottom. Officers carried out checks at licensed

premises in Bury Town Centre and Ramsbottom. Officers also visited the

football ground itself. Several minor issues were identified and addressed.

On the 10^th May 2024, officers from the Licensing Service and the Trading

Standards Service worked in partnership with Greater Manchester Police and

visited 9 premises. Officers seized from 6 premises 649 vapes, 4540 Illicit

cigarettes and 650g of hand rolling tobacco which had a street value of £10,000.

IMMEDIATE REVOCATION OF 2 PRIVATE HIRE DRIVERS LICENCES  

On the 2^nd May 2024, the Licensing Service received intelligence from Greater Manchester Police regarding two private hire drivers.  ...  view the full minutes text for item LSP.6

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 4/2024

The Executive Director (Operations) submitted a report relating to Licence Holder 4/2024 who was in attendance at the meeting alongside their representative. The Chair made introductions and alongside the legal advisor 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 their representative was presented by the Licensing Unit Manager and set out the reasons for the Licence Holder being before the Committee.

The Chair confirmed that Members of the Committee had seen a video recording taken from a dashcam demonstrating the road/ back alley in relation to the report.

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The Licensing Unit Manager reported that the Licence Holder had held a private hire driver’s licence continually since January 2017 and his private hire driver’s licence is current until January 2025.

Delegated decision:

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

The Committee reminded the driver as to their responsibilities and care required for passengers.

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 admonish the licensee as to future conduct

Licence Holder 5/2024

Councillor J. Grimshaw was in attendance from this part of the meeting onwards.

The Executive Director (Operations) submitted a report relating to Licence Holder 5/2024 who was in attendance at the meeting alongside their representative. The Chair made introductions and alongside the legal advisor 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 their representative was presented by the Licensing Unit Manager and set out the reasons for the Licence Holder being before the Committee.

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The Licensing Unit Manager reported that the Licence Holder had held a hackney carriage driver’s licence since the 17^th September 2004 and his current hackney carriage drivers licence expires on the 27^th June 2025. This client also holds a private hire driver’s Licence which is due to expire on the on 11^th March 2025.

The Licence Holder was before members for consideration to be given as to his suitability to remain a Hackney and Private Hire Driver in Bury.

A character reference was circulated to Members of the committee.

Delegated decision:

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

The character reference circulated to the committee was also taken in account.

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 admonish the licensee as to future conduct

Licence Holder 6/2024

The Executive Director (Operations) submitted a report relating to Licence Holder 6/2024. The Licensing Unit Manager reported that the Licence Holder was not present this evening as they were unwell and had requested a deferral.

Delegated decision:

The Licencing Committee agreed that  ...  view the full minutes text for item LSP.9

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

The Executive Director (Operations) submitted a report relating to applicant 7/2024 who was in attendance at the meeting. The Chair made introductions and alongside the legal advisor outlined the procedure to be followed and clarified that all those present had read the report. The report, which was accepted by the applicant was presented by the Licensing Unit Manager and set out the reasons for the applicant being before the Committee. 

The applicant made an online application for a new Private Hire Drivers licence on the 29^th March 2024 and had completed all the prerequisites required for the application.

Members of the Licensing & Safety Committee are required to have regard to Bury Council’s Convictions Policy and Guidelines when considering an application for a Private Hire or a Hackney Carriage Driver licence.  Members should adhere to the Policy and Guideline unless there are exceptional circumstances for them to depart from them. 

Delegated decision:

The Committee carefully considered the report and oral representations made by the applicant at the meeting. The Committee noted and accepted the explanations provided.

Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, and the statutory guidance issued by the Secretary of State under section 177 of the Policing and Crime Act 2017, the Committee resolved to grant the application for a three-year period. Members of the committee were satisfied that the applicant was a “fit and proper” person to hold a licence.