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. 

There were no declarations of interest.

The minutes of the meeting held on the 5^th June 2025 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 5^th June 2025 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.

2 members of the public were in attendance at the meeting and requested to ask questions.

At the discretion of the Chair, this was permitted contrary to Council committee procedure rules.

Mr Mahmood asked about drivers picking up disabled passengers in a bus lane or other restricted parking area and would they get a PCN (Parking fines and penalty charges notice)?

As there had been no advanced notice of the question, the Licensing Unit Manager would seek the relevant information and respond in writing. A record of the response is below.

Penalty charge notices may be issued if there is no driver with the vehicle. a driver could not make this claim if they are not with the vehicle when it is observed. it would be expected that the passenger to be picked up/dropped off would be in the immediate vicinity/inside of the vehicle. if a penalty charge notice is issued the driver would need to appeal and provide evidence of the pick up ( call log etc showing the address ) unless it is a restriction which does not allow stopping ( i.e. red route, loading ban etc ). bus lanes /red route are issued via camera enforcement therefore drivers would likely receive a penalty charge notice for this and would need to appeal with circumstances & proofs.

At the discretion of the Chair, a supplementary question was submitted in relation to parking in ambulance bays and the procedure for issuing a PCN.

The Licensing Unit Manager again would source the answers and a respond in writing would be issued which is included below.

Ambulance bays are vehicle specific bays and dependent on the restriction, vehicles would be given an observation period. If a vehicle was still in place after this period a Penalty Charge Notice will be issued to the vehicle or handed to the driver (not all restrictions have an observation period. Some are instant Penalty Charge Notices e.g., loading bay/disabled bay, Bus lane/red route and notices are issued via the post.

Mr Warrich addressed the Committee with statements rather than a question and commented upon the licensing service and the smaller driver identity badges not being issued. He felt drivers in other areas paid less in licence fees and received a better service hence why the number of registered drivers in Bury had reduced in recent years.

The Licensing Unit Manager reported that the service was cost neutral in relation to the fees set and the request for changes to badges came previously to this committee.

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 26^th May and the 22^nd June 2025.

Parklife

Members were informed that on Friday the 13^th June 2025, Catfish and the Bottlemen were playing at Heaton Park. Enforcement Officers from the Council’s Licensing and Trading Standards service were working between the hours of 4.00pm until midnight. Matters that were identified are as follows:-

·         A vehicle and a van parked on hackney carriage rank

·         Bury Vehicle incorrect signage

·         Persons with Pedlars Certificates were checked

·         Several licensed premises checked

·         Vehicle licensed with another GM Authority which was damaged – this had been reported

·         Unlicensed street trader given advice and advised not to trade

·         Issues relating to traffic relating to pick up and drop off, blocking the roads

·         Street trader was referred to GMP to deal with

·         Vehicles that were causing an obstruction

·         Checking for Private hire vehicles that were plying for hire and assisting members of the public with onward travel queries

Members were reminded that on Saturday and Sunday the 14^th and 15th June, Parklife took place at Heaton Park. Officers from the Council’s Licensing and Trading Standards service were working between the hours of 12 noon until midnight. Matters that were identified are as follows:-

·         Persons with Pedlars Certificates were checked

·         Sanitary provision – people seen urinating in gardens

·         Underage sale of vapes

·         Queues for toilets which were causing obstruction both on the highway and pavements

·         Traffic management

·         Street traders were checked

·         Cars being removed due to causing an obstruction.

·         Licensed Premises open after hours

·         A GM licensed private hire was caught plying for hire.

·         Disposable vapes being sold – warning given

Email of Thanks from Bury Hackney Association

The Licensing Service had received an email from the Bury Hackney Association giving  compliments to the licensing and trading standards staff who had worked throughout the Catfish and the Bottlemen and Parklife concerts. The email was included within the report attached to the agenda pack.

Licensing Hearings Sub-Committee

Following the Licensing Service receiving an application for the grant of a premises licence for Melis 2, 6 Thatch Leach Lane, Whitefield. Representations were received from three Interested Parties. The Licensing Hearings Sub-Committee took place on the 12^th June 2025, after hearing the evidence, the members of the Sub-Committee decided to grant the application and modified the operating hours and conditions that would be attached to the premises.

A Member of the committee thanked the licensing department for their hard work during the recent Parklife event especially around St Margarets and had there been any increase in unlicenced activity.

The Licensing Unit Manager reported there had been no significant increase and the Assistant Director of Operations Strategy stated a full review would be undertaken once the Oasis concerts had taken place.

A Member asked about sanitary  ...  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. </AI7>

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

Licence Holder 3/2025

The Executive Director (Operations) submitted a report relating to Licence Holder 5/2025 who was in attendance at the meeting alongside two family members. 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 and presented background information to the Committee on this case which was included in the report contained within the private agenda pack.

A number of Members asked questions in relation to the case.

The 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 their representatives.

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 revoke the licence.

The Committee felt the Licence Holder was not a fit and proper person to be a professional driver and hold a licence. 

Licence Holder 6/2025

The Executive Director (Operations) submitted a report relating to Licence Holder 6/2025 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 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 and presented background information to the Committee on this case which was included in the report contained within the private agenda pack.

A number of Members asked questions in relation to the case.

The driver was before members for consideration to be given as to his suitability to be a private hire driver in Bury and hold a private hire operator’s licence.

Delegated decision:

The Committee carefully considered the report and circumstances via the oral representations presented by the Licence Holder.

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 suspend the private hire driver licence for a period of 4 months.

In respect of the Private Hire Operators Licence.

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 take no action against the licensee.

Licence Holder 7/2025

The Executive Director (Operations) submitted a report relating to 7/2025. The Licensing Unit Manager reported that this driver was out of the country until late July and had communicated they would not be present this evening.

The Licensing Unit Manager advised it was a matter for the Licensing Committee to hear the  ...  view the full minutes text for item LSP.8

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

Client Number 8/2025

The Executive Director (Operations) submitted a report relating to applicant 08/2025, who was in attendance at the meeting alongside three family members. The Chair made introductions and along with 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 and presented by the Licensing Unit Manager, set out the reasons for the applicant being before the Committee.

The Licensing Unit Manager reported and presented background information to the Committee on this application which was included in the report contained within the private agenda pack.

A number of Members asked questions in relation to the case.

The applicant was before members for consideration to be given as to their suitability to be a private hire driver in Bury.

Delegated decision:

The Committee carefully considered the report along with the oral representations by the applicant and family members at the meeting.

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 refuse the application. </AI9>

The reasons for the Committee’s decision were as follows:

• The applicant was not a fit and proper person to hold a licence.