Agenda item

The Assistant Director (Localities) submitted a report setting out an update on operational issues within the licensing service, including:

1.   Following a request from Mr Oakes, a report was submitted in relation to the consideration given previously, by the Licensing and Safety Panel, regarding rear loading vehicles being used as Hackney Carriages.  The Head of Commercial and Licensing explained that this issue has been considered on 5 separate occasions between December 2008 and October 2010 and that the Panel had considered the Fiat Freedom and the Peugeot Premier vehicles. The Panel resolved on each occasion not to licence rear loading vehicles based on:

·   Wheelchair access – The safety of a passenger being able to safely access a rear loading vehicle.

·   Bury Town Centre ranks – The vehicle would need to move forward approximately 3 metres from the second vehicle in order to accommodate the ramp, wheelchair and driver.

·   Lack of space on the ranks to facilitate the loading of a wheelchair passenger.               

·   The potential for a legal challenge against the Council if a wheelchair passenger was injured during the process of loading into the vehicle.

Following the last consideration of this issue in October 2010, the Panel resolved to delegate to the Head of Commercial and Licensing or the Licensing Unit Manager, authority to consider any further similar applications relating to the licensing of rear loading vehicles as Hackney Carriages.

It was further explained that the Council’s Health and Safety Inspectors had been asked for their opinion and identified potential risks arising from the following factors, namely:

·         That the taxi ranks are designed for side loading vehicles, not rear loading.

·         That there are risks to the passenger being taken down a kerb without a lowered kerb height.

The Head of Commercial and Licensing stated that the simplest control measure would appear to be the continued use of side loading vehicles and that formal risk assessments will be sought for any future applications for rear loading vehicles.

2.   Following a complaint from Mr Oakes in relation to private hire vehicles allegedly plying for hire, the Head of Commercial and Licensing stated that in the past, the Licensing Service have carried out a number of successful plying for hire exercises which have resulted in a small number of drivers being prosecuted for plying for hire and Officers will continue to confront drivers of private hire vehicles.  It was explained that legitimate parking in areas can normally be established by reference to the data head fitted in the majority of private hire vehicles for advanced bookings and that a number of vehicles stopped in Ramsbottom all had legitimate bookings.

3.   The Licensing Hearings Panel on 20 January 2014 considered an application to vary the Premises Licence in respect of Longsight Road Service Station, to extend the hours the premises were authorised to sell alcohol to 24 hours per day and to add the regulated activity of Late Night Refreshments.  The Panel granted the application subject to inclusion of a pre-agreed condition with Greater Manchester Police.

In addition to the items set out in the report, the Head of Commercial and Licensing also reported that the appeal to the Magistrates Court by the new  Premises Licence holder for Bla Bla Bar, Silver Street, Bury had been resolved, as Greater Manchester Police agreed new licence conditions with the Licence Holder, that were also agreeable to the Council.  As a result, the District Judge sitting at the Magistrates Court, having heard the full history of the case, agreed to make an order to modify the conditions of the licence in accordance with those suggested by GMP.   The licence is therefore no longer revoked and the appeal is therefore concluded.

Delegated decision:

That the report be noted