Agenda and minutes

Apologies for absence were submitted by Councillors N Bayley, J Grimshaw and the Head of Public Protection at Bury Council, B Thomson.

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 17th April 2023 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 17^th of April 2023 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 and 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 10^th of April and the 28^th of May 2023.

IMMEDIATE REVOCATION OF A PRIVATE HIRE DRIVERS LICENCE

The Licensing Service received information from Greater Manchester Police in relation to a private hire drivers conduct which has resulted in him being charged for a serious offence. The driver concerned has been given a right of reply before the Head of Public Protection and the Chair of this Committee considered taking action in the interests of Public Safety under the Road Safety Act 2006. It was felt appropriate to immediately revoke his private hire drivers’ licence on the 5^th of May 2023.

NR3S- NATIONAL DATABASE FOR REFUSALS, REVOCATIONS AND   

SUSPENSIONS

Letters were sent out on 2^nd May 2023 to all those whose historical data will go on the NR3S. Emails were sent to all other drivers on the same date to inform them that we have now started to use the system. Our historical data is due to be uploaded on the 31^st of May 2023.  All new and renewal applications for drivers are now being checked against the database.

LICENSING HEARINGS SUB-COMMITTEE HEARINGS

SUMMARY REVIEW – TOPSHOP, 20 HURST STREET BURY

On the 24^th of April 2023, Greater Manchester Police submitted an application to the Licensing Authority for a Summary Review in respect of Top Shop, 20 Hurst Street, Bury, BL9 7ER because they believe that the premises are associated with Serious Crime. As required by the legislation an interim steps hearing of the Licensing Hearings Sub-Committee was set up with 48 hours to consider what interim steps to take. Members decided to suspend the premises licence and remove the designated premises supervisor. A full review hearing took place on the 18^th of May 2023 and members decided to revoke the premises licence and took a separate decision to leave the interim steps in place should the licence holder appeal the Council’s decision.

GRANT OF A PREMISES LICENCE – NOVA WINES AND TAPAS, 3 AND 3A RADCLIFFE NEW ROAD,           WHITEFIELD

The Licensing Service received an application for the grant of a new premises

licence for the above premises. Representation was received from Greater

Manchester Police in their capacity as a responsible authority and interested

party. Discussions have taken place. between the applicant and Greater

Manchester Police and they have agreed conditions to be

applied to the premises licence. The matter was considered by the Licensing

Hearings Sub-Committee on the 19^th of May 2023 and Members decided to

Grant the application with conditions.

TRADE LIAISON MEETING

The Licensing Service held a Trade Liaison meeting with the taxi trade on the

11^th of May 2023, this was attended by representatives of the trade. The

minutes of the meeting have been published on  ...  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 relating to representation received from the Private Hire Drivers Association in relation to the recently advertised proposed increase to the Hackney Carriage and Private Hire Vehicle licence fees and Private Hire Operator License fees.

The Licensing Unit Manager and Assistant Director of Operations Strategy outlined the report to the committee. The Committee was informed that the proposed increased fees and charges had been agreed by Cabinet and that the statutory obligation to consult only applied to Private Hire/Hackney Carriage vehicle Licence and Private Hire Operator licenses. It was confirmed that all other fees and charges had been amended in line with the Cabinet decision in February 2023. It was stressed to the committee that Licensing must operate a cost recovery model and that even with the proposed increases there would still be a gap to break even, and the service would have to look at how this can be met.

Members asked a number of questions to Officer present at the meeting and requested that the Licensing Service liaise with the Finance department and obtain the additional financial information and present a further report to the next Licensing and Safety Committee for determination. 

Delegated decision:

That the Licensing and Safety Committee deferred the decision on the proposed fees and charges increase and requested the following information to be added to the report ahead of the next Committee in July 2023 where it would be considered again: -

1.    Why have charges been increased by the amounts stated in the report? 

2.    What additional income would it bring in this year as a result or the new fees? 

3.    A Full Equality Impact Assessment was required to be carried out.

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

The Executive Director (Operations) submitted a report requesting that the Committee approve delegation to officers to suspend Hackney Carriage and Private Hire Drivers Licences if they have not got a valid enhanced DBS certificate.

Delegated decision:

That the Head of Public Protection, Licensing Unit Manager and Deputy Licensing Officer have delegation to suspend Hackney Carriage and Private Hire Drivers Licences if they have not got a valid enhanced DBS certificate.

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.

The Executive Director (Operations) submitted a report relating to the application for the Grant of a street Trader consent. The applicant who was in attendance at the meeting alongside their representative. 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 applicant and presented by the Licensing Manager, set out the reasons for the application being before the Committee.

On the 30^th of March 2023, the Licensing service received an email from Bolton Council with the applicant’s details asking if he held a Consent with Bury Council. After a check of Bury’s system it was confirmed that he did. Bolton Council then supplied Licensing with information that they had revoked his Street Trading Consent together with a copy of their minutes and reasons for the decision which was detailed in the private agenda packs.  

The applicant had made a new application for a Street Trader Consent to Bury Council on the 2^nd of April 2023.

Delegated decision:

The Committee carefully considered the report and oral representations by the applicant and his representative. The Committee noted the evidence provided in the agenda pack via the Officer’s report and the statement provided concerning the applicant. A social media video circulated to the Committee had also been viewed by Members.

Taking into account the provisions of schedule 4 (6) (d) of the Local Government (Miscellaneous Provisions) Act 1982, the Committee resolved to refuse the application.  The Committee did not believe the applicant to be a fit and proper person to hold a street trader consent.

The evidence presented at the committee had demonstrated the Applicant is unsuitable to hold a street trader consent.

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

Licence Holder 1/2023

The Executive Director (Operations) submitted a report relating to Licence Holder 1/2023 who was in attendance at the meeting. 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.

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The report stated that the Licence Holder had held a private hire driver’s licence continually since the 29^th of May 2015. His most recent licence commenced on the 5^th of June 2023 and was due to expire on the 16^th of August 2025. Since 2015 the Licensing Service had noted 12 issues on this Licence Holder’s record which were detailed in the private agenda packs.

Delegated decision:

The Committee carefully considered the report, and oral representations by the Licence Holder. The Committee noted the explanations provided but reminded the Licence Holder to adhere to the conditions of a licence and read any correspondence from the Council in relation to rules and advice.

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 licence for a period of one month with immediate effect. on the grounds of public safety.

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

The Executive Director (Operations) submitted a report relating to Applicant 2/2023 who was in attendance at the meeting. 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. 

This applicant was first granted a private hire driver’s licence on the 23^rd of May 2016 and his most recent licence expired on the 4^th of November 2022. 

The report informed the committee that a new application for a driver’s licence was made on the 23^rd of January 2023 and under the Local Government (Miscellaneous Provisions) Act 1976, he was before Members for consideration of this application.

Delegated decision:

The Committee carefully considered the report and oral representations made by the applicant at the meeting.

The Committee accepted that the applicant had shown genuine remorse for the error which was detailed in the private agenda packs and accepted it was a huge mistake. They also took into consideration the lack of any previous warnings and complaints.

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 period of one year. </AI9>