Agenda and draft minutes

Virtual, Licensing and Safety Panel - Thursday, 22nd April, 2021 7.00 pm

Items
No. Item

LSP.1

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were submitted by Councillors S. Hurst, C. Morris and I. Schofield.

 

LSP.2

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.  

Minutes:

 

There were no declarations of interest made at the meeting.

 

LSP.3

MINUTES OF PREVIOUS MEETING pdf icon PDF 167 KB

The Minutes of the Meeting held on the 4th March 2021 are attached. Members of the Licensing & Safety Panel are asked to consider whether these are a correct record of the meeting, and if so, to formally approve them.

 

Minutes:

That the Minutes of the last meeting held on the 4th March 2021 be approved as a correct record and signed by the Chair.

 

LSP.4

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.

Minutes:

No public questions were submitted to the meeting.

 

LSP.5

OPERATIONAL REPORT pdf icon PDF 357 KB

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

 

Minutes:

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:

 

Easing of Lockdown – Assistance to Businesses

 

Officers from the Licensing Service had been working with colleagues within the Public Protection Service to inform businesses of the requirements for re-opening on the 12th April 2021. This involved the Covid Marshals delivering approximately 320 letters to licensed premises which included a checklist for licence holders.

 

In addition, to the work above an additional 2,356 letters were sent either by post or email to all hospitality businesses and close contact services.

 

Recovery Action Plan

 

Officers of the Licensing service are working with Greater Manchester Police and other Council departments to assist businesses to recover and this involved:

 

·         Consideration to applications for Pavement Café Licences that have been submitted to the Council’s Highways Department for approval.

·         Undertaking of visits to licensed premises in partnership with Greater Manchester Police to ensure that businesses are compliant and operating in a covid secure way.

 

Licensing Hearings Panel- 1st April 2021

 

The Licensing Service have received an application for the grant of a

premises licence under the Licensing Act 2003 in respect of Prestwich

Social, Unit 3, Radius Scheme, South East Side, Fairfax Road, Prestwich,

M25 1AS. This application attracted representations from Greater

Manchester Police in their capacity as a Responsible Authority and 10

representations from interested parties. Members

considered this application at a Licensing Hearings Panel on the 1st April

2021 and resolved that the premises licence be granted as set out in the

operating schedule subject to the operating amendments listed below

under the grounds of prevention of public nuisance:

 

·           A change to the supply of alcohol on a Friday and Saturday being amended to 12.30am from 1.00am;

·           A change to the opening times on a Friday and Saturday being amended to 1.00am from 1.30am.

The Panel also attached 22 conditions to the premises licence following

mediation between Greater Manchester Police and the applicant prior to

the meeting.

 

Taxi Matters- Grant/ Enforcement

 

The Licensing Service had been assisting the Strategic Planning and Economic Development service to engage with the Hackney Carriage and Private Hire Trade to help promote awareness to enable them to apply for a small and micro business grant being given by the Authority.

 

Delegated decision:

 

That the report be noted and the Chair placed on record her thanks to Officers in the Licensing Department.

 

LSP.6

URGENT BUSINESS

Any other business, which by reason of special circumstances, the Chair agrees may be considered as a matter of urgency.

Minutes:

No urgent business was reported at the meeting.

 

LSP.7

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.

 

 

Minutes:

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.

 

LSP.8

Suspension/revocation of Private Hire Driver Licences

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

 

Minutes:

Licence Holder 27/2020

 

The Executive Director (Operations) submitted a report relating to Licence Holder 27/2020 who was not in attendance at the virtual meeting.

 

A request had been made by their legal representative to adjourn this case to a later date due to the bereavement of a close family member.

 

Delegated decision:

 

That the Panel unanimously agreed to defer the case for Licence Holder 27/2020 and arrange a panel meeting for a later date.

 

Licence Holder 28/2020

 

The Executive Director (Operations) submitted a report relating to Licence Holder 28/2020 who attended the virtual meeting.

 

The Chair made introductions of the panel and the Legal Officer present 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 subject to the amendment below set out the reasons for the Licence Holder being before the Panel.

 

It was noted by the panel and accepted by the Licence Holder that there was an error in the report and he had notified the Licensing Service on the 9th March 2021 (Not 2020 as stated in the report) by email and that he had received 5 points for speeding (Not 3 as stated in the report).

 

This Licence Holder had previously held a private hire driver’s licence continually since 5th April 2012 until its expiry on the 12th April 2021. The licence has been extended without prejudice until the date of this Committee hearing. He submitted an online application to renew his Private Hire driver’s licence on the 1st April 2021. As part of the application the applicant was presented with the information shown in the agenda report.

 

The online application screen explains that any traffic offences must be declared irrespective of when they occurred. This client selected yes and disclosed a speeding offence. A subsequent check of this applicants DVLA driving licence indicated the following conviction:

 

Offence

Offence Date

Expiry Date

Sentence

 

SP50 - Exceeding speed limit on a motorway

 

 

30th June 2020

 

30th June 2023

Licence endorsed with 5 penalty points

Fine - £440

 

This applicant is before the committee for the following reasons: - A) Failing to declare the convictions during his previous licence period as required by condition 13 of a private hire driver’s licence. B) The offence falls within the Conviction Guidelines.

 

This applicant was subsequently interviewed by a licensing enforcement officer. He explained that that he was travelling on the M62 moving a vehicle for British Car Auctions (BCA) when he was caught by a speed enforcement camera travelling in excess of 90mph. The applicant explained that due to the nature of the employment there was a delay in him receiving the penalty notice as it had been incorrectly issued to the previous keeper of the vehicle and then BCA before being passed to himself. He stated that he had not tried to deliberately mislead the licensing service and as soon as he received the letter he had notified  ...  view the full minutes text for item LSP.8

LSP.9

APPLICATIONS FOR PRIVATE HIRE DRIVER LICENCE

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

 

Minutes:

Licence Holder 29/2020

 

The Executive Director (Operations) submitted a report relating to Licence Holder 29/2020 who attended the virtual meeting via audio only alongside his son to aid with any translation difficulties.

 

The Chair made introductions of the panel and the Legal Officer present 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 set out the reasons for the Licence Holder being before the Panel.

 

The applicant had been continually licensed as a driver since the 12th September 2003. His current licence expired on the 12th March 2021. During that time frame he had held private hire and hackney carriage drivers’ licences. His most recent licence entitled him to drive private hire vehicles.

 

On the 16th March 2021, the applicant submitted an online application for a private hire driver’s licence. Within the application he declared a conviction for battery dating back to the 25th August2020. The licensing service does not have a record of this applicant having ever previously declared this conviction.

 

The applicant has subsequently provided a DBS certificate which indicated the following:

 

Offence

Offence Date

Expiry Date

Sentence

Battery contrary to Criminal Justice Act 1988 s.39

16th March 2020

25th August 2020

Fine £333

Costs £85

Victim Surcharge £33

 

The licensing service was not aware of these offences previously.

 

This applicant was before the committee for the following reasons: - A) Failing to declare the convictions during his previous licence period as required by condition 13 of a private hire driver’s licence. B) The offence falls within the Conviction Guidelines.

 

The applicant was subsequently interviewed by a licensing enforcement officer. He explained that the conviction occurred because of an argument that had taken place within the marital home towards the end of his marriage. He explained that during the argument his ex-wife had hit him several times and wound him up. He therefore retaliated which left a mark on her face.

 

When asked why he had failed to notify the service of the conviction, as per his licence conditions, the applicant apologised and explained that he had made a mistake and was not aware of this requirement as he has not been working due to the covid-19 pandemic.  

 

The applicant was emailed a summary of what had been discussed over the telephone and asked whether he agreed with this or wanted to amend anything. He agreed with the summary which is attached to the restricted agenda pack as Appendix 1.

 

The Council’s convictions policy and guidelines state: Members of the Licensing & Safety Panel 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 guidelines unless there are exceptional circumstances for them to depart from them.

 

Delegated decision:

 

The Panel heard from the licence holder who stated that he had held a licence  ...  view the full minutes text for item LSP.9