Decisions

                    The Licensing Unit Manager presented a report by the Assistant Director (Legal and Democratic Services), which explained that the consideration of driver and new Applicants’ misdemeanours form a large percentage of business brought before the Licensing and Safety Panel.  A number of Panel meetings this municipal year have exceeded 10.00 pm and resulted in the suspension of standing orders and Officers have been asked to consider options for refining procedures and reducing the amount of business placed before the Panel in one meeting.

 

                     At present, the Council Constitution requires the Licensing and Safety Panel determine driver, vehicle and operator licence applications where Applicants do not comply with the relevant criteria or where there are grounds for refusal of an application.

 

                     Currently the Council Constitution at Article 8 allows for the appointment of regulatory and non-executive Committees set out in part 3 of the Constitution and the membership of the Licensing and Safety Panel as:

 

§  13 members of the Authority to form a politically balanced Committee where possible;

§  3 members of full Panel to be selected to form politically balanced Licensing Hearings Panels where possible to deal with individual applications for licences under the Licensing Act 2003.

 

                     Currently all matters relating to public and private hire are heard at 6 weekly meetings, in the evening, starting at 7.00 pm, before a full politically balanced Committee where possible. 

 

                     It is proposed that 3 member politically balanced Panels, where possible, be permitted to sit and hear matters relating to Hackney Carriage and Private Hire licences included in the Local Government (Miscellaneous Provisions) Act 1976 and to sit during the normal working day, i.e. Monday – Friday 9.00 am – 5.00 pm.

 

 Full member Licensing and Safety Panel meetings will continue to be scheduled on 6 weekly intervals and continue to meet in the evenings and will consider matters of Policy as well as relevant Public and Private Hire matters needed to be considered where the driver/operator/vehicle owner would prefer to be heard at an evening meeting to allow for working arrangements or carer responsibilities to be taken into consideration. 

 

 Any matter to be determined immediately on the grounds of it being in the interest of Public safety would continue to be determined through existing delegations.

 

 Various questions were asked from the members of the Licensing and Safety Panel in respect of availability of members, political balance, how many additional meetings and which issues would be considered at these meeting.

It was agreed:

 

To accept the proposals, in whole and seek Council approval with regard to altering the frequency of and Constitution of Licencing and Safety Panel meetings dealing with Hackney Carriage and Private Hire matters.

 

 

 That the Minutes of the Licensing and Safety Panel meeting held on 6 December 2018, be approved as a correct record and signed by the Chair.

 

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.

 

That the Minutes of the Licensing and Safety Panel meeting held on 17 October 2018, be approved as a correct record and signed by the Chair.

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.

 

The Assistant Director (Legal and Democratic Services) submitted a report to advise members of new regulations operational in relation to Animal Welfare.

 

                   Bury Council is responsible for licensing a number of activities relating to the welfare of animals under a number of Acts of Parliament and relevant regulations, of which there are currently 88 premises within the Borough.  Prior to 1 October 2018, the Council issued licences under the following legislation (which has now been repealed due to the Animal Welfare (Licensing of Activities involving Animals)(England) Regulations 2018):

 

1.   Pet Animals Act 1951

2.   Animal Boarding Establishments Act 1963

3.   Riding Establishments Act 1964

4.   Riding Establishments Act 1970

5.   Breeding of Dogs Act 1973

6.   Breeding of Dogs Regulations 1999

7.   Breeding and Sale of Dogs (Welfare) Act 1999

 

Licences that have been granted by the Council will get transitional provisions under 1, 2, 3 and 4 of the above legislations for any unexpired licences and an unexpired licence granted under the Breeding of Dogs Act 1973 will continue in force for the rest of its term subject to the provisions of that Act, Breeding of Dogs (Licensing )Records) Regulations 1999 and the Breeding and Sale of Dogs (Welfare) Act 1999.

 

The Council also issues licences for the below activities relating to the welfare of animals and are regulated by the following Acts:

 

·         Dangerous wild animal licences – (Dangerous Wild Animals 1976)

·         Zoo licences – (Zoo Licensing Act 1981)

 

The Animal Welfare Act 2006 is the primary piece of legislation controlling the welfare of animals in England and Wales and established set welfare standards must be maintained by all people who are responsible for an animal.  It has consolidated animal welfare legislation in areas such as preventing unnecessary suffering, mutilation and animal fighting.  The Act also places responsibilities on to numerous enforcement agencies.

 

When carrying out its function under the primary licensing Acts the Council will seek to promote the following objectives:

 

·         Animal welfare (the five needs)

·         Public safety

 

The licensing legislation states clearly the criteria which the Council must be satisfied of before any licence is granted.  Where the relevant inspector is not satisfied that the legal requirements are met, or when an inspector or the veterinary surgeon has raised concerns, the applicant will be notified and given the opportunity to address these issues in the hope of satisfying the relevant criteria.

 

It was agreed:

 

That the refusal to grant, suspend, vary and revoke a licence under these regulations be delegated to the Head of Service for Trading Standards and Licensing and/or the Licensing Unit Manager, following consultation with the Chairman of the Licensing and Safety Panel.

 

That the determining of appeals against the allocated star rating be delegated to the Head of Service for Trading Standards and Licensing.

 

 

                   The Assistant Director (Legal and Democratic Services)) submitted a report setting out details of the requirements under the Gambling Act 2005 to prepare and publish a Statement of Principles prior to carrying out functions under the Act.  The Policy has to be reviewed every three years and must be published by 3 January 2019, being 28 days before the current Statement ceases to have effect on 31 January 2019.

 

                   The Act is based on the promotion of the three Licensing Objectives:

                  

a)   Preventing gambling from being a source of crime and disorder

b)   Ensuring that gambling is conducted in a fair and open way and

c)   Protecting children and other vulnerable persons from being harmed or exploited by gambling

                  

                   A full copy of the amended Statement of Principles for the period 2019 - 2022 was appended to the report.

 

                   The Licensing Service have received four responses to the consultation and a summary of the responses was attached at appendix 2, which have been considered and where appropriate, the Statement of Principles has been amended.

 

                   For the Statement of Principles to be agreed by 3 January 2019, it will need to be put before Council on 28 November 2018.    

 

                   Recommendation to Council:

 

That the amended Statement of Principles, as set out in the report, be accepted without amendment and submitted to Full Council on 28 November 2018, for agreement.

 

 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.

 

 

                   Delegated decision:

 

                   That the Minutes of the Licensing and Safety Panel meeting held on 5 September 2018, be approved as a correct record and signed by the Chair.

 

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.

 

Prior to the Hearing, the licensing authorityreceived an application pursuant to section 51 of the Licensing Act 2003, from a Responsible Authority, namely the Weights and Measures Authority, for a review of the Premises Licence in respect of Killon Street Off Licence, 26 Price Street, Bury, BL9 7EB.

 

              The application was outlined in the report presented to members of the Panel by the Licensing Manager, who explained that at the time of the submission of the review application on 6 December 2018, the Premises licence in respect of Killon Street Off Licence, was held by Mr Raja Naveed Aijaz, who was also the Designated Premises Supervisor (DPS).

 

               On 19 December 2018, the Licensing Authority received an application to transfer the Premises licence with immediate effect into the name of Mr Waqas Mahmood.  On the same day, an application to vary the DPS with immediate effect was received to make Mr Mahmood the DPS.

 

               The Licensing Authority did not receive any representations during the representation period in respect of the application to transfer the Premises licence or the application to vary the DPS from Greater Manchester Police (GMP).  Therefore the Premises licence has been transferred and the DPS varied into the name of Mr Mahmood.

 

              

 

               The Licensing Manager went on to explain that the Licensing Authority and Greater Manchester Police, as Responsible Authorities, had made representations in relation to the application. Further, prior to the hearing, Mr Mahmood the current Premises Licence holder had entered discussions with the said Responsible Authorities regarding the licence, previous issues at the premises and the possibility of further licence conditions being considered. However, Mr Mahmood had been unable to obtain all of the requested documentation and therefore all parties asked the Panel to consider adjourning the matter to enable this to be provided to the Panel.

 

               Delegated decision:    

 

               Due to the Premises Licence holder not being able to furnish the Panel with the further documentation, it was agreed unanimously, that to ensure a fair hearing and to enable the Premises Licence Holder to fully explain and provide evidence as to his current position and in addition enable this to be fully considered by the Responsible Authorities, that in the public interest, the hearing be adjourned to a future date.

 

 

 

 

Prior to the Hearing, the Licensing Authorityreceived an application pursuant to section 51 of the Licensing Act 2003, from a Responsible Authority, namely the Licensing Authority, for a review of the Premises Licence in respect of 29 Chesham Road Bury, BL9 6LY.

 

              The application was outlined in the report presented to members of the Panel by the Licensing Manager.

 

The application for a review of the licence was received within the appropriate period and complied with the procedural requirements within the Licensing Act 2003.

 

All written representations were contained within the report to Panel.

 

All documentary evidence comprising the application, report provided with the agenda and representations were served on all parties in advance of the hearing.

 

The representative of the Applicant for the Review was invited to explain the reasons for the application and she explained the concerns as to promotion of the licensing objectives namely the prevention of crime and disorder and the protection of children from harm. These related to the findings of underage sales of alcohol and cigarettes, sales of illicit tobacco, the breach of licensing conditions and in particular additional conditions attached to the licence resulting from a previous review.

 

The Panel heard further oral representations from the representative of the Weights and Measures Authority and GM Police.

 

 

The Panel asked questions of the Applicant and the other representatives and all parties were offered the opportunity to question the Applicant.

 

The Licence Holder’s representative and the Licence Holder made oral representations and explained that there had been a number of issues with anti-social behaviour outside the premises and difficulties with staff who had since been sacked. He explained that he was not always resent at the premises and had since arranged for his wife and other members of staff to become personal licence holders.

 

The Panel asked questions of the Licence Holder and all parties were offered the opportunity to question him.

 

The Panel heard no other representations.

 

All parties were allowed the opportunity to sum up their respective cases.

 

The Panel then duly retired to consider the application and all of the information provided.

 

The Members of the Panel were advised by the Legal Officer as to their duties under Section 4 of the Licensing Act 2003 to at all times consider the promotion of the Licensing Objectives, these being:

 

1)   the prevention of crime and disorder

2)   public safety

3)   the prevention of public nuisance

4)   the protection of children from harm

 

The Members were also advised of their duties in carrying out those functions in relation to:

 

a)   the Council’s published Statement of Licensing Policy

b)   the Guidance issued by the Secretary of State as contained in section 182 of the Licensing Act 2003, which was updated in June 2014

 

In addition Members were advised to give appropriate weight to the steps that are appropriate to promote the licensing objectives and the representations presented by all parties.

 

The Panel also had regard to the European Convention on Human Rights and in particular that everyone has the right to peaceful enjoyment of his possessions, respect for his private and family life, his home and his correspondence. A fair balance between competing interests must be considered.

 

FINDINGS

 

The following facts were found:

 

1. Mr Mohammed Ayyaz Khan is the Premises Licence Holder and DPS for the licensed premises and has held the licence since 2008.
2. Additional conditions were attached to the licence in May 2008 as follows:

a.    That all alcohol containers in which alcohol is available for sale from the premises be uniquely marked in a manner approved by GMP,

b.    That the following alcoholic drinks be kept behind the counter or in a place where customers do not have direct access to those products without the assistance of a member of staff namely:

                             I.        All spirits, flavoured drinks, Alco pops (i.e. spirit based drinks mixed with soft drinks/flavoured juice etc, which will include and not be limited to products such as ‘Bacardi Breezers’ and similar products):

                           II.        Cider

                         III.        Lager

c.    That a person who is a Personal Licence Holder or Designated Premises Supervisor be on at the premises at all times when alcohol products are sold:

d.   That alcohol be sold between the hours of 09:00 and 22:00.

 

3. In November 2010 condition c. above was amended, so as to require the attendance of a Personal Licence Holder or DPS on Thursday, Friday and Saturday between the hours of 16:00 and 22:00.

 

4. Complaints have been received by the Responsible Authorities regarding the underage sales of alcohol and cigarettes.

 

5. A condition of the licence required a ‘Refusals Book’ detailing instances of refusals to sell alcohol and cigarettes. This was not regularly completed. This was accepted by Mr Khan.

 

6. Mr Khan is not in regular attendance at the premises and has on a number of occasions not been present during the times set out in paragraph 3 above. This was accepted by Mr Khan.

 

7. Checks have been made by the responsible authorities as to the requirement to mark alcohol containers. This was found not to have been complied with for all relevant containers. This was accepted by Mr Khan.

 

8. On 3 April 2018, a 14 year old girl had informed a local PCSO that she had purchased a single cigarette from the premises for 50p.

 

9. On 16 October 2018, as a result of Trading Standards visits, non-duty paid and counterfeit cigarettes and tobacco had been found on the premises.

 

10. A condition on the licence requires that CCTV footage be retained for 31 days. However, this was found not to be the case and that although the system was working and recording, the footage was not available on the occasions requested by the Responsible Authorities.

 

11. Mr Khan had replaced members of staff and that they along with his wife were being trained as personal licence holders.

 

Delegated Decision:

 

Having heard from the Applicants for the review and other Responsible Authorities and further having heard from the Premises Licence Holder and his representative, the Panel considered the merits of the case and in accordance with its duties decided as follows.

 

All of the evidence was considered with care and it was established that having understood the request for review and equally understanding the representations made, on balance, the Panel found there were causes for concern and a lack of responsibility being taken so far as the promotion of the following Licensing Objective was concerned:

 

·         the Prevention of Crime and Disorder

·         the Protection of Children from Harm

The Panel was satisfied that in all of the circumstances:

 

1. Mr Khan as premises Licence Holder was not in sufficient control of the premises
2. There had been several breaches of the licensing conditions
3. There was antisocial and criminal behaviour associated with the premises
4. There was evidence of underage sales of cigarettes to children.

 

Based upon their findings of fact and in the interests of the wider community the above objectives were found to have been undermined.

 

The Panel therefore considered it reasonable, balanced, appropriate and proportionate, based on all of the evidence, to vary the conditions attached to the licence as follows;

 

Conditions Consistent with the Operating Schedule

1. CCTV system to be maintained and tapes to be safely retained for a minimum period of 3 months for viewing purposes by the authorities, including the Police. Cameras shall encompass both the internal and external areas of the premises.

 

Conditions Imposed at a Licensing Panel hearing 29^th May 2008 (as amended in November 2010).

 

3. A person who is a Personal Licence Holder or the Designated Premises Supervisor be on the premises at all times at which alcohol products are sold.

 

 

The Chair informed those present of their right of appeal within 21 days of receipt of the written decision to Manchester and Salford Magistrates’ Court.