Agenda item

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:

COMMON MINIMUM LICENSING STANDARDS/CLEAN AIR

The Licensing Service would like to inform the Members of the panel that the consultation relating to the Common Minimum Licensing standards/Clean Air closed on the 3^rd December 2020. Transport for Greater Manchester and the approved contractor are currently analysing the responses received.

A briefing session is being arranged early January for the Executive Member and Chair of Licensing Committee. This will be set up by Transport for Greater Manchester to brief members on the next steps regarding Clean Air and Common Minimum Licensing Standards.

COVID 19 – Covid Marshals

A team of Covid Marshals has been employed by Bury Council using funding from Central Government. The team commenced work on the 1^st December and will be in place until the end of March 2021, it consists of 2 daytime marshals working 8am-4.30pm and 2 evening marshals working 4.30pm-11pm. We have also had extra marshals in place for the weekend 12/13 December and 19/20 December to assist with busy areas such as the market and Millgate shopping centre during the busy shopping period on the run up to Christmas. If Greater Manchester moves into Tier 2 extra marshals will be employed to help with checking of licensed premises in an evening.

Marshals working during the day have been handing out masks to students and high school children using public transport in the morning and afternoon at Bury, Prestwich and Radcliffe Metrolink stations. They have been assisting with queue management and giving advice to retail and close contact service staff regarding the wearing of face coverings. They have also been working in conjunction with markets management to assist with compliance of coronavirus restrictions on the market.

During the evening the marshals have been checking for compliance outside the park at the Lightopia event at Heaton Park as well as checking takeaways for staff and customers wearing face coverings and visiting licensed premises across the borough to ensure they remain closed except for takeaway. They have also assisted at various events taking place across the borough.

LICENSING HEARINGS PANEL - 6^th October 2020

The Licensing service have received an application for the grant of a premises licence under the Licensing Act 2003 in respect of Eat New York, 24 Bury New Road, Prestwich, M25 0LD. This application attracted representations from Greater Manchester Police in their capacity as a Responsible Authority and 27 representations from interested parties. Members considered this application at a Licensing Hearings Panel on the 6^th October 2020 and resolved that the premises licence be granted as set out in the updated operating schedule:

a.     Supply of alcohol – For consumption On/Off the Premises.

Monday to Sunday       12.00 until 01.00

b.     Provision of Late Night Refreshment (Indoors)

        Monday to Sunday       23.00 until 01.30

c.      Opening Times.

Monday to Sunday       10.00 until 01.30

The Panel also attached 30 conditions to the premises licence.

TAXI MATTERS

On the 17^th August 2020, the Licensing service received a referral from a Bury Council safeguarding practitioner. The referral detailed an incident wherein a licensed private hire driver had behaved inappropriately with 2 vulnerable females. This matter was investigated by the police and the Licensing Service.

The Licensing Unit Manager consulted with the Chair of the Licensing and Safety Panel about the matter and it was decided that this private hire drivers licence should be revoked with immediate effect pursuant to s61 (1)(b) – ‘any other reasonable cause’, on the grounds of public safety, pursuant to s61 (2B) of the Act.

COMPLIANCE AND ENFORCEMENT

The Licensing service have since the last panel on the 6^th October until the 16^th December 2020 dealt with business premises in relation to Covid issues:

·                     10 business premises advice given 

·                     22 complaints

·                     278 compliance checks

·                     40 enforcement actions taken including 3 improvement notices and 1 prohibition notice

·                     18 intelligence checks recorded

OUTCOME OF APPEAL AGAINST LICENSING AND SAFETY PANEL DECISION.

On the 15^th December 2020, an appeal against the decision of the Licensing and Safety panel on the 23 July 2020 at Manchester Magistrates Court was considered. The applicant was previously a private hire driver for 10 years but had let his licence lapse so had submitted a new application for a private hire driver’s licence but failed to declare a number of convictions to the Licensing Authority. The appeal was dismissed by the District Judge, the council made a costs application but unfortunately this was rejected on the basis that he had lost his income.