Agenda and draft minutes

There were no apologies for absence.

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.

The minutes of the meeting held on the 18th July 2024 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 18^th July 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.

No members of the public were in attendance 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 1^st July and the 18^th August 2024.

LICENSING HEARINGS SUB-COMMITTEES

On the 5^th August 2024, an application for the grant of a premises licence at Best Local, 62 Bolton Street, Bury BL0 0LL was due to be considered by the Licensing Hearings Sub-Committee. The application attracted a representation from Trading Standards in their capacity as a Responsible Authority. Members of the Sub-Committee heard the evidence and resolved agreed unanimously that the Sub-Committee refuse the application for a Premises Licence.

The Sub-Committee was therefore satisfied that on the balance of probability there was sufficient evidence presented that had demonstrated the following licensing objectives had not been met and failed the licensing objective, the prevention of crime and disorder.

The reasons given by the sub-committee, included: -

Three failed Trading Standards test purchase operations in the store and an association with other stores that had also sold illegal vapes and cigarettes.

The Sub-Committee found the situation concerning with the premises operating in such a way to undermine the licensing objectives. The evidence and supporting documents presented were deemed sufficient evidence to refuse the licence.

On the 5^th August 2024, an application for the grant of a premises licence at Asda PFS

Blackford Bridge, Manchester Road, Bury, BL9 9ST was due to be considered by the

Licensing Hearings Sub-Committee. The application attracted representations from Public Health in their capacity as a Responsible Authority and eight interested parties. Mediation had taken place prior to the Sub-Committee meeting between the applicant’s representative and the Public Health Department, and it was agreed that the hours for the retail sale of alcohol off the premises would be reduced to Monday to Sunday– 06:00 till 00:00 rather than Monday to Sunday– 00:00 till 00:00 as applied for. Members of the Sub-Committee heard the evidence and unanimously that the Sub- Committee grant the application for a Premises Licence in the amended terms requested.

An application for an expedited review was received from GMP on the 24^th June 2024 in respect of Sky Bar, Kay Gardens, Bury due to an incident of serious crime and disorder. A hearing was held on the 25^th June 2024. The Sub-Committee resolved that in order to promote the said licensing objectives, it was necessary to impose interim steps and that these would be to modify the conditions to state that SIA registered door staff to be on duty at the Premises from 20:00 every night. The full review hearing was held on the 19^th July 2024.

The Sub-Committee resolved to modify the conditions of the licence and the interim steps were withdrawn. No appeal was made during the appeal period therefore the licence was issued with the modified conditions.

FEES AND CHARGES

Section 70(2) of  ...  view the full minutes text for item LSP.5

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

The Executive Director (Operations) submitted a report outlining the proposal to amend the Council’s current policy relating to the transitional arrangements to enable vehicle proprietors of non-compliant hackney carriage and private hire vehicles to make a renewal application after the 1^st January 2025. The rationale for this relates to the recent submissions to Government with revised proposals around the GM Clean Air Plan and requirement from Government to ensure a GM agreed emissions standard for all Taxi and Private Hire vehicles by the 31^st December 2025.

The Assistant Director Operations Strategy  presented the report to the committee and provided Members with background information as per the report and highlighted a number of tables detailing the number of vehicles this would impact upon.  Members were asked to note that the numbers of non-complaint vehicles had dropped from 225 in January 2024 to 160 in July 2024. This was a reduction of 65 vehicles, with 63 being Private Hire and 2 Hackney Carriages.

The Licensing Service had not undertaken an engagement exercise with the affected Hackney Carriage and Private Hire Trade vehicle proprietors. The reason for this was to enable this matter to be considered by Members given the emission standard is bound by the Councils requirement to comply with a Government Directive in relation to air quality.

If the recommendations contained within the report were not approved by the Committee, it would mean that vehicle proprietors of a non-compliant vehicle would not be able to access the potential Clean Taxi Fund and they would not be able to renew their vehicle licence after the 31^st December 2024 and may prevent and/or disadvantage vehicle proprietors of non-compliant vehicles in Bury from accessing future potential GM clean taxi funding.

A number of Members asked questions and seeked clarification for certain aspects of the report which the Assistant Director Operations Strategy provided answers to.

A question about the reaction from the Trade was asked and it was reported that an email had been received from the Trade in support of the amendments.

One question from a Member centred around delegation in amendment 3 of the report and following discussions by Members of the Committee, the Assistant Director Operations Strategy proposed a slightly amended version which the Committee were in agreement with.

Delegated decision:

It was agreed that the Licensing and Safety Committee considered and adopted the following amendment (1, 2 and 3) to the existing emission standard and recommended to Full Council that amendment (1, 2 and 3) be approved. Amendment 3 was slightly amended as to what had been proposed in the Licensing and Safety Committee report included in the agenda packs:-

For existing vehicle licence proprietors with a non-complaint vehicle:

1.    A vehicle proprietor of a hackney carriage and private hire vehicle licence that is due for renewal after the 1 January 2025 which is non-compliant with emission standards (EURO 4 Petrol vehicles and EURO 6 diesel vehicles) is permitted to make an application to renew the vehicle licence  ...  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. </AI7>

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

Licence Holder 10/2024

The Executive Director (Operations) submitted a report relating to Licence Holder 10/2024 who was in attendance at the meeting alongside a family member. 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 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 private hire driver’s licence continually since February 2016. Their current driver’s licence was due to expire in December 2025.

The Licence Holder addressed the committee and explained the background circumstances which were also detailed within appendix 1 of the private agenda pack.

This driver was before members for consideration to be given as to his suitability to be a private hire driver in Bury.

Delegated decision:

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

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.