To receive and if so determined, to approve as a correct record the Minutes of the meetings held on 12^th September 2016 and 22^nd September 2016.

RESOLVED: That the minutes of the Public Protection Sub-Committee meetings held on 12^th September and 22^nd September 2016 be agreed as a correct record and signed by the Chairman.

To note a report of the Head of Regulatory Services.

The Head of Regulatory Services submitted a report updating members on the contract for providing vehicle testing of all proposed and existing Trafford private hire and hackney carriage vehicles.

The Sub-Committee were informed that all vehicles are currently tested by Essential Fleet Services at Higher Road.  The contract expires 8^th January 2017 and Licensing are currently in the process of going out to tender for the contract.

The contract is currently in the submission stage of the tender process using the Chest portal.  It is a three year contract with the option to extend for two years.  The last date for submissions is 4^th November 2016.  Procurement will then assess the bids with Licensing officers.  The new contract will run from 1^st February 2017 and the existing contractor has agreed to complete the work until that date.

The Sub-Committee were informed that a further report would be brought to the Sub-Committee once the contract had been awarded.

            RESOLVED: That the report be noted.

Any other item or items (not likely to disclose “exempt information”) which, by reason of special circumstances (to be specified), the Chairman of the meeting is of the opinion should be considered at this meeting as a matter of urgency.

(Note: The Chairman allowed the following item as urgent business as a decision needed to be made prior to the next scheduled meeting of Public Protection Sub-Committee.)

Application for the grant of a Street Collection Permit

The Head of Regulatory Services submitted a report requesting Members to consider an application for a street collection permit from Urmston Lions which fell outside the agreed Street Collection Policy.

The Licensing Team Leader informed the Sub-Committee that a request had been received to issue a permit for a charitable street collection on Saturday 5^th November at the bonfire at Abbotsfield Park, Flixton.

The Sub-Committee was informed that a street collection permit has already been granted for the Urmston area for 5^th November for the Royal British Legion Poppy Appeal and a historic dispensation has been given to the Poppy Appeal to collect for two weeks across the whole of the Borough.

The Street Collection Policy clearly states only one permit per area of the borough per calendar year per charitable organisation unless by dispensation of the Sub-Committee.

RESOLVED: That a Street Collection permit be granted for Urmston Lions for Saturday 5^th November for Chassen Road and Flixton Road for 2 1/2 hours prior to the bonfire and 1 hour afterwards.

Motion (Which may be amended as Members think fit):

That the public be excluded from this meeting during consideration of the remaining items on the agenda, because of the likelihood of disclosure of “exempt information” which falls within one or more descriptive category or categories of the Local Government Act 1972, Schedule 12A, as amended by The Local Government (Access to Information) (Variation) Order 2006, and specified on the agenda item or report relating to each such item respectively.

RESOLVED: That the public be excluded from this meeting during consideration of the following items on the agenda because of the likelihood of disclosure of “exempt information” which falls within one or more descriptive category or categories of the Local Government Act 1972, Schedule 12A, as specified.

To consider a report of the Head of Regulatory Services.

Applicant – Mr A. S

RESOLVED: That this item be deferred to a future meeting of the Public Protection Sub-Committee to enable the applicant to attend with legal representation.

To consider a report of the Head of Regulatory Services.

The Head of Regulatory Services submitted a report requesting Members to consider a Private Hire driver’s conviction.

The driver attended the meeting to enable members to give the matter their full consideration.

The driver provided the Sub-Committee with an outline of what he said were the circumstances of the offence.

The driver also answered questions directed to him from Sub-Committee Members.

The Sub-Committee noted that your conviction for offences of illegal plying for hire and no insurance on 12/09/16 are serious matters.

The Sub-Committee also noted that he was sentenced by way of a fine and ordered to pay costs which in total amounted to over £1000.  They felt this was a significant sentence; however, the issue of illegal plying is a serious problem.

The Sub-Committee determined that his conduct fell below the standard which was expected of a fit and proper person to hold a Private Hire driver’s licence.

RESOLVED: That Mr A. P’s Private Hire driver’s licence be suspended for two weeks.

To consider a report of the Head of Regulatory Services.

Driver – Mr. A. M.

RESOLVED: That this item be deferred to a future meeting of the Public Protection Sub-Committee to enable the driver to attend with legal representation.

To consider a report of the Head of Regulatory Services.

The Head of Regulatory Services submitted a report requesting Members to consider three complaints which had been received by the Licensing Service regarding the same driver.

The driver attended the meeting to enable members to give the matter their full consideration.

The driver provided the Sub-Committee with an outline of what he said were the circumstances of the complaints.

The driver also answered questions directed to him from Sub-Committee Members.

The Sub-Committee considered an email from the passenger in Mr. Q I’s taxi during one of the complaints and a character reference which Mr Q I brought to the meeting.

The Sub-Committee found all three complaints to be proven against Mr. Q I. These included the incidents on 22/03/16 involving a hackney carriage driver, on 27/05/16 with a member of the public and the displaying of his vehicle plate in his rear driver’s window on 31/08/16.

The Sub-Committee considered the detail of the complaints made and his explanation of events, including the material he brought along on the evening.  The Sub-Committee considered that on the balance of probabilities, that the incidents had occurred to some extent and as a result his conduct had fallen short of that expected of a licensed private hire driver.  In this regard it was noted that the two main complaints, alleging an element of aggressive behaviour on his part, were similar in nature and had come from two independent persons.

RESOLVED: That Mr Q. I’s Private Hire driver’s licence be suspended for three weeks.