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:

 

The Licensing Service had dealt with a number of compliance and

enforcement matters between the 4^th July and the 21^st August 2022.

 

Compliance Visit to Gambling Premise

 

On the 9^th July 2022, officers from the Public Protection Service carried out an

informal test purchase exercise at a premises licensed under the Gambling Act

2005, children were able to play on category C machines without being

challenged. Licensing Officers have issued a warning to the holder of the

Licence and have notified the Gambling Commission.

 

Scrap Metal Dealers Application

 

Following a multi-agency operation, a scrap metal premises was visited by

Greater Manchester Police and Licensing Officers. Officers were notified that

the business had been sold this resulted in officers issuing a closure notice to

the new owner. He was advised that a new application would have to be made

under the Scrap Metal Dealers Act 2013.

 

The Licensing Service received an application which resulted in the Council’s

Authorised Officer (Head of Public Protection) holding a hearing on the 4^th July

2022. After consideration of the application, it was determined that the

application be refused.

 

Delegations to Officers

 

Following the decision of this Committee delegating to officers the power to

issue warning letters, as of the 16^th August 2022, seven warning letters have

been issued following consideration by the Licensing Unit Manager.

 

Certificate of Thanks

 

Members will be aware that the Licensing Service issue permits for charitable

collections. The Licensing Service have received a Certificate of Special

Thanks which was issued on the 11^th  July 2022 from the Christie organisation

for supporting a collector who has been doing this for over 20 years.

 

Outcome of Appeal

 

Members will recall a matter that was considered in relation to a private hire

driver who had his licence revoked with immediate effect due to his driving. The

driver appealed the Council’s decision to the Magistrates Court. The

Magistrates dismissed his appeal and awarded the Council £1,200 court costs.

 

HACKNEY FARE INCREASE

 

Members will recall that the proposed Hackney Fare increase was agreed at

the last Committee. The advert for the proposed fares was placed in the Bury

Times on 28^th July and passed through the 14 day representation period without

any being received. Therefore implementation of the new fares can now start

to take place. It has been arranged for the Hackney meters to begin being

changed on the 6^th September. Licensing Enforcement Officers will then test

and seal the meters on 13^th and 14^th September.

 

CLEAN AIR UPDATE        

 

Greater Manchester (GM) remains under a legal direction to deliver compliance with legal nitrogen dioxide (NO2) limits in the shortest possible time and by 2026 at the latest. GM local authorities have submitted the case for a new Greater Manchester Clean Air Plan (GM CAP) to government. A response is expected from government after the new Prime Minister is in place.

 

The case for a new plan sets out evidence supporting an investment-led

approach, with no charging Clean Air Zone, to address the city-region’s NO2

air pollution problem. An investment-led, non-charging GM CAP will aim to

encourage upgrade to cleaner vehicles, leading to better air quality, by targeting

financial support at category B vehicles, which includes buses, coaches, taxis,

PHVs and HGVs. Funding is not proposed for vans, LGVs and minibuses

(unless a minibus is licensed as a PHV), as these are category C classified

vehicles. Private cars, motorbikes and mopeds are not included in Greater

Manchester’s Clean Air Plans.

 

Modelling shows that NO2 exceedances become more localised from 2025

onwards, with breaches only forecast at specific locations in Manchester,

Salford and Bury. New opportunities, via the approval of bus franchising and

new funding for electric buses, mean GM could directly tackle sources of

emissions in a different, more targeted way. Unlike the previous charging

category C Clean Air Zone scheme defined by government guidance, the

investment-led approach seeks to attend to the cost-of-living crisis, actively

considers the ongoing impacts of the pandemic and the global vehicle supply

chain.

 

The next steps while GM waits for feedback from government are that

participatory policy development will take place with key stakeholders to

develop and shape the new Clean Air Plan Policy, including proposals for

funding support, in line with the investment-led, non-charging approach. A

public consultation on the new Clean Air Plan proposals will then take

place in early 2023, subject to government feedback.

 

Councillor Rydeheard enquired about the timescales and advertisement of the

participatory policy development with key stakeholders to develop the new

Clean Air Plan Policy. The Head of Public Protection reported that this would

be conducted by TFGM and information would be shared with the trade

representatives as soon as it was received.

 

Councillor Donnelly asked on what grounds was the scrap metal dealers licence rejected. The Deputy Licensing Unit Officerreported this was due to previous criminal convictions of the applicant.

 

It was agreed:

 

That the report be noted.