Agenda item

The Committee gave consideration to a report of the Trading Standards and Licensing Manager which provided information on the activities undertaken to discharge the Council’s Licensing function during the period 1^st April 2019 to 31^st March 2020.

There were two strategic objectives that related to Licensing which were:

1.            To work with businesses to ensure they were licensed and compliant.

2.            To ensure safe passenger journeys, in safe licensed vehicles with safe licensed drivers.

The Licensing Act 2003 was governed by four licensing objectives:

·         Prevention of crime and disorder

·         Prevention of public nuisance

·         Public Safety

·         Protection of Children from Harm

Members were informed about the number of licensed premises under the Act, the number of applications considered by the Licensing Premises Panel and the number of complaints related to licensed premises.  Members were also informed about the number of permissions under the Gambling Act 200 and an update on age restricted sales.

Members were informed that officers continued to work with the private hire and hackney trade to ensure effective communication and consultation took place.  The Committee were provided an update on the details of applicants and drivers brought before the Licensing Drivers Panel over the last twelve months.  It as noted that as the Licensing Office had closed in March 2020 due to the COVID-19 outbreak, decisions on applicants and reviews had been dealt with by the Trading Standards and Licensing Manager under delegated powers.  Members were also provided vehicle testing data.

The Star Rating Scheme was currently under review in line with proposals to be issued related to the Greater Manchester Minimum Standards Project.  The Committee will be updated at a future meeting.

The Committee were providing information on the implications of COVID-19.  The pandemic had hit all sectors of trade and business.  The Council has continued to support businesses in different ways.  Some work had been delayed due to the current situation.  The current projects underway or due to start included:

·         Refreshing the Licensing Act policy for alcohol, entertainment and late night refreshment;

·         Updating the Street Trading Policy;

·         Reviewing the Star Rating Scheme for Taxi/Private hire Licensing;

·         Undertaking an unmet demand survey for hackney carriages; and

·         Consultation on the Greater Manchester Minimum Licensing Standards alongside the Clean Air Plan.

Members were asked to note that a number of taxi companies had merged, the star rating under review; the GM proposal related to the age of vehicles; and top 3 noted failures.  The vehicle testing pass rate was highlighted to members as an area of concern.

Members were informed about the impact of the pandemic on the service.  The service has agreed delayed payments and instalment plans.  There were delays in MOT testing but it was planned to open one bay week commencing 8 June 2020 and then others would be phased in.  The service was making use of technology to support applicants and enquiries.

Members asked about the present situation with the Null and Void Bar and the safety of the premises.  Members were informed that Null and Void were no longer occupying the premises and that the premises was currently vacant.

Members asked about the opening of the testing bay at Moorhey Street and it was confirmed that one bay would be open from Monday, 8 June 2020 on a priority basis.  Other bays would be phased in thereafter.  The trade would be notified via email later in the week.

Members asked about bars serving alcoholic refreshments with lids on and asked what the general rule at the current time.  Members were informed that bars and clubs have an off-licence which permits sales for items to taken away.  Bars were closed for consuming products on the premises which included beer gardens, but it did not preclude the sale off sales.  Pubs and bars have been trying to gain income from other angles of work which included food and alcohol with the off sales element of their business.  Pubs and bars could legally sell alcohol for off sales, not to be consumed on the premises but could be taken off site.  Licensing officers were recommending how sales could be maintained in a safe manner in terms of social distancing, responsible retail and licensing objectives.

Members sought clarification on vehicle testing and how long it would be for the GM Policy to take effect.  Members raised concerns about the conditions of some vehicles and highlighted suspension problems which should be looked at seriously.  Members asked if Licensing officers could engage with the trade to address the issue as the situation was unacceptable and to either reduce the age of the vehicle, deal with the drivers or get the vehicles off the road.  Members were reminded that the vehicle age was agreed from 10 to 12 years with the trade as reassurances had been given.  However, the pass rate was now 59% where it had been in the high 60’s.  Proposals in the GM consultation reduces the age back to 10 years.  It was hoped that following consultation the decision would be made early next year.  If members wanted to proceed to do something differently, officers would address the issue.  A Greater Manchester Police initiative which would have provided another indication on maintenance of vehicles had had to be delayed due to the pandemic.  Members requested that the extension to 12 year old vehicles be reviewed and if there was no improvement the policy revert back to what had been done previously

Members asked if there were figures on vehicles on the older vehicles and the frequency of the testing.  Members were informed that vehicles between 8 and 12 years old have three tests per year and vehicles between 3 and 8 years had 2 tests per year.  There was no database related to age of vehicle and testing but this could be investigated.

Members asked if Licensing Officers had been engaged with the Government related to the opening of pubs and bars and the policy of maintaining social distancing.  Members were informed that national working groups had been established which included the Local Government Association (LGA). The Institute of Licensing sat on a Task and Finish Group with various regulators to look at the guidelines on how premises would be reopened.  A draft had not been seen yet.  GM were also looking at the approach but there had not been anything definite yet.

Members asked if there was information related to retesting rates and were informed that there were no separate figures but that not many vehicles that returned for a retest failed.

Members asked the progress on the implementation for drivers to bring a certificate whereby the vehicle had been serviced by an independent garage and faults dealt with and it was confirmed that this was happening.  Drivers must bring the service sheet and, on most occasions, this resulted in the car passing.

Members highlighted areas of discussion with the trade which include age failure rates and that these be reported back to a future committee.

Members asked if data was available related to the vehicle service history for each driver.  Members were informed that this was not and this type of extract from the system would need to be discussed with IT.  Members raised concern that if a driver constantly presented failed vehicles, was that driver a fit and proper person and be presented in front of the Licensing Driver Panel.  Members were asked to note that some vehicles have more than one driver and it was the vehicle owner who had responsibility.

Members sought clarification that before proceeding with some of the work agreed, that it would not be superseded by GM Policy after a short period of time.  Members were informed that the data extraction would not be affected by the GM developments and that the only potential change in the short term would be the age of vehicle and further testing.

RESOLVED that:

1.         The Licensing Annual Report be noted.

2.         A report which outlines issues raised be brought back to the next Licensing Committee.