A report by the Assistant Director (Legal and Democratic Services) is attached.
The Assistant Director (Legal and Democratic Services) submitted a report advising Members on operational issues within the Licensing Service.
The report set out updates in respect of the following issues:
· Licensing Hearings Panels
o The Licensing Hearings arranged for Killon Street Off Licence, Price Street, Bury was adjourned from the original date of 31 August 2018 and had been re-scheduled for 19 October 2018, however, the Applicant has now withdrawn the application.
o A Licensing Hearings Panel was arranged for 5 September 2018, in respect of Sir Robert Peel, Sunnybank Road, Bury, following a review from an interested party and subsequently also from Greater Manchester Police, where the Panel resolved to modify the conditions on the Premises Licence.
o A Licensing Hearings Panel was arranged for 27 September 2018, in respect of the Crowded house, Manchester Road, Bury, following an application to vary the Premises Licence to remove conditions. The application received representation from the Licensing Authority. The Panel resolved to vary conditions 3 and 4 on the Licence, rather than remove them.
· Common Minimum Standards – Hackney Carriage and Private Hire Trade
The Licensing Unit Manager attended a further meeting on 6 September 2018 of the Greater Manchester Licensing Managers’ Group. Following the departure of the current Chairman, Bury is to be Deputy Chair of this Group and assist the new Chair in driving forward Common Minimum Standards. The next meeting is scheduled for 18 October 2018.
· Appeal to Crown Court
o The Licensing and Safety Panel revoked a Private Hire Driver’s Licence on 19 October, 2017 and the driver appealed to Manchester Crown Court, which was heard on 13 September 2018. The Court decided to dismiss the appeal and awarded the Council reduced costs of £1000 and the driver has now returned his badge.
o The Licensing and Safety Panel suspended a Private Hire Driver’s Licence on 28 November 2017 and the driver appealed the suspension to Manchester Crown Court. However, further intelligence has been received about the driver which has resulted in an immediate revocation of their Private Hire Driver’s Licence on 31 July 2018. Subsequently, a notice of abandonment of appeal was served on the Crown Court by the driver’s Solicitor.
· Gambling Act 2005 – Statement of Principles
The Licensing Service commenced the consultation on the Statement of Principles under the Gambling Act 2005 on 3 August 2018, which ended on 5 October 2018. A report has been compiled to be considered by the Licensing and Safety Panel.
· Bury Times – 6 September 2018
An article in the Bury Times on the opinions section has indicated that Bury Council has been taking a tough stance on taxi drivers and agrees that it is understandable that the Council takes such a strong stance if there are concerns regarding a driver that they are taken off the road.
· Animal Licensing Business workshops
On 1 October 2018, the Animal Welfare (Licensing of Activities involving Animals) (England) regulations 2018 came into force, which creates a new licensing regime and repeals a number of pieces of legislation. A number of workshops for businesses affected by the regulations have been hosted by Bury Council, which have proved very popular.
· Pre-requisites for Licenced Drivers
On 14 June 2018, a request from a chauffeur operator was received to exempt chauffeur drivers from some of the pre-requisites to become a driver in Bury. The Licensing and Safety panel directed the Licensing Service to review the current policy which is currently ongoing in line with the common minimum standards.
· Immediate Revocation of a Private Hire Driver’s Licence
The Head of Service for Trading Standards and Licensing in consultation with the Chairman of the Licensing and Safety Panel have revoked, with immediate effect, the Licence of a Private Hire Driver, following information received.
It was agreed:
That the report be noted.