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Birmingham City Council Report of the Acting Service Director Regulation and Enforcement to the Licensing and Public Protection

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Birmingham City Council Report of the Acting Service Director Regulation and Enforcement to the Licensing and Public Protection BIRMINGHAM CITY COUNCIL REPORT OF THE ACTING SERVICE DIRECTOR REGULATION AND ENFORCEMENT TO THE LICENSING AND PUBLIC PROTECTION COMMITTEE 10 APRIL 2019 ALL WARDS PROSECUTIONS AND CAUTIONS – FEBRUARY 2019 1. Summary 1.1 This report summarises the outcome of legal proceedings taken by Regulation and Enforcement during the month of February 2019. 2. Recommendation 2.1 That the report be noted. Contact Officer: Chris Neville, Acting Service Director Regulation and Enforcement Telephone: 0121 303 6111 E-Mail: [email protected] 1 3. Results 3.1 During the month of February 2019 the following cases were heard at Birmingham Magistrates Court, unless otherwise stated: ▪ Three Licensing cases were finalised resulting in fines of £320. 12 penalty points were issued and prosecution costs of £700 were awarded. No simple cautions were administered as set out in Appendix 1. ▪ 52 Environmental Health cases resulted in fines of £43,776. Prosecution costs of £16,270 were awarded. No simple cautions were administered as set out in Appendix 2. ▪ One Trading Standards case was finalised resulting in a fine of £1,800 and prosecution costs of £4,072 were awarded. A Forfeiture Order was granted in respect of 52 seized goods. No simple cautions were administered as set out in Appendix 3. ▪ Appendix 4 lists cases finalised by district in February 2019 and cases finalised by district April – February 2019. ▪ Appendix 5 lists the enforcement activity undertaken by the Waste Enforcement Team in April 2018 - January 2019. 4. Consultation 4.1 The Enforcement Policy that underpins the work identified in this report is approved by your Committee. The policy reflects the views of the public and business in terms of the regulation duties of the Council. Any enforcement action[s] taken as a result of the contents of this report are subject to that Enforcement Policy. 5. Implications for Resources 5.1 Costs incurred in investigating and preparing prosecutions, including officers’ time, the professional fees of expert witnesses etc. are recorded as prosecution costs. Arrangements have been made with the Magistrates Court for any costs awarded to be reimbursed to the City Council. Monies paid in respect of fines are paid to the Treasury. 5.2 For the year April 2018 to February 2019 the following costs have been requested and awarded: Licensing £25,208 has been requested with £18,526 being awarded (73%). Environmental Health £315,847 has been requested with £239,008 being awarded (76%). Trading Standards £46,082 has been requested with £20,63 being awarded (44%). 2 5.3 For the month of February 2019 the following costs have been requested and awarded: Licensing £2,714 has been requested with £700 being awarded (26%) Environmental Health £18,611 has been requested with £16,270 being awarded (87%). Trading Standards £4,072 has been requested with £4,072 being awarded (100%). 5.4 There have not been any postings of Court Cost Income to the City Council during February, therefore, since the start of the financial year until the end of February 2019 the following income remains as follows:- Licensing £13,058 has been received. Environmental Heath £155,944 has been received including Waste Enforcement cases. Trading Standards £54,627 has been received. (Total £223,629) 5.5 This will not directly correlate to the values awarded in the same time period as individual cases are often cleared in instalments with the associated fines and court costs taking precedence over the settling of BCC legal costs. Therefore, income received may relate to cases from the previous financial year or earlier. 6. Implications for Policy Priorities 6.1 The contents of this report contribute to the priority action of ensuring business compliance with legislation to protect the economic interests of consumers and businesses as contained in the Council Business Plan 2015+. 7. Public Sector Equality Duty 7.1 The actions identified in this report were taken in accordance with the Enforcement Policy of the Licensing and Public Protection Committee which ensures that equality issues have been addressed. 3 DIRECTOR OF REGULATION AND ENFORCEMENT Background Papers: Nil 4 LICENSING CASES APPENDIX 1 Date Name & Address Offence details (including Legislation) Fine/Penalty & Ward of Ward - Offence Case Costs defendant committed Heard 1 7/2/19 Abdullah Sayem Equalities Act 2010 £120 Out of area Quinton Smethwick Pleaded guilty to one offence of being a private £300 costs hire driver and refusing to carry out a booking (£624 requested) because the disabled passenger was accompanied by an assistance dog. 2 7/2/19 Ahmad Vahab Assir Town Police Clauses Act 1847 & Road Traffic £100 – no insurance Ladywood Ladywood Birmingham Act 1988 + 6 penalty points Pleaded guilty to two offences: one of plying for hire at the junction of Bennetts Hill and Waterloo No separate penalty Street, Birmingham and one of consequently for plying having invalid insurance. £200 costs (£490 requested) 3 8/2/19 Adam Ali Ahmed Town Police Clauses Act 1847 & Road Traffic £100 – plying Lozells Ladywood Birmingham Act 1988 + 6 penalty points Pleaded not guilty to two offences; one of plying for hire in Bennetts Hill, Birmingham and one of No separate consequently having invalid insurance. financial penalty for no insurance Found guilty after trial £200 costs (£1,600 requested) LICENSING SIMPLE CAUTIONS During the period of February 2019, no simple cautions were administered 5 APPENDIX 2 ENVIRONMENTAL HEALTH CASES WASTE OFFENCES Date Name & Address Offence details (including Legislation) Fine/Penalty & Ward of Ward - Offence Case Costs defendant committed Heard 1 1/2/19 Ahmed Duhul Environmental Protection Act 1990 £300 Stockland Green Aston Birmingham Pleaded guilty to one offence of failing to £300 costs comply with a notice requiring written (£792 requested) information of how waste from Barwaago Shop, 9 Birchfield Road, Birmingham was disposed of within 7 days. Originally listed for trial 2 4/2/19 Speed Sat Ltd Environmental Protection Act 1990 £2,640 Bordesley & Bordesley & 106 Bordesley Green Highgate Highgate Birmingham Pleaded not guilty to two offences; one offence £788 costs of failing to take all reasonable measures to B9 4TS (£788 requested) prevent a contravention under Section 33, in that waste from Speed Sat Ltd, 106 Bordesley Green, Birmingham was found on the pavement on Prince Albert Street and one offence of failing to comply with a notice requiring written information of how waste from the business was disposed of within 7 days. Found guilty after trial 3 7/2/19 Zakir Hussain Environmental Protection Act 1990 £120 Sparkhill Northfield Birmingham Pleaded guilty to one offence of failing to £200 costs comply with a notice requiring written (£410 requested) information of how waste from Gulshana Take Away, 1151 Bristol Road South, Birmingham was disposed of within 7 days. 6 4 7/2/19 Kevin Newton Environmental Protection Act 1990 £400 Kingstanding Soho & Birmingham Jewellery Pleaded guilty to one offence of depositing £200 costs Quarter controlled waste, namely wood and carpet, on (£414 requested) Dugdale Road, Winson Green, Birmingham £160 clean-up costs 5 7/2/19 Joanne Bowen Environmental Protection Act 1990 £480 – offence 1 Frankley Great Frankley Birmingham Park Great Park Pleaded guilty to two offences; one of No separate penalty depositing controlled waste, namely a large for offence 2 number of plastic bags containing soil and other gardening materials, on grass land adjoining New Street, Rednal, Birmingham £200 costs and one offence of failing to respond to a (£887 requested) notice requiring the details of the person in control of the vehicle on the date of offence. 6 18/2/19 Ramesh Srisena Environmental Protection Act 1990 £360 Billesley North Birmingham Edgbaston Pleaded guilty to one offence of failing to £870 costs comply with a notice requiring written (£870 requested) information of how waste from Keshvin Phone Shop, 8 York Road, Birmingham was disposed of within 7 days. Originally listed for trial 7 21/2/19 Petre Barbuc Environmental Protection Act 1990 £200 Handsworth Soho & Birmingham Wood Jewellery Pleaded guilty to one offence of depositing £300 costs Quarter controlled waste from a vehicle, namely a car (£631 requested) bumper, on land on Abberley Street, Winson Green, Birmingham. 7 8 21/2/19 Mohammed Ibrar Environmental Protection Act 1990 £255 Alum Rock Sparkhill Birmingham Pleaded guilty to one offence of depositing £500 costs controlled waste, refuse sacks containing till (£897 requested) receipts and an invoice addressed to Ibrar Fashions, 493 Stratford Road, Birmingham, on the pavement outside 497 Stratford Road. 9 21/2/19 SK Wines Ltd Environmental Protection Act 1990 £300 Handsworth Handsworth 256 Soho Road Birmingham Pleaded guilty to one offence of failing to £380 costs comply with a notice requiring written B21 9LR (£380 requested) information of how waste from S & K Wine Store, 256 Soho Road, Birmingham was disposed of within 7 days. 10 21/2/19 Fei Liu Jewellery Ltd Environmental Protection Act 1990 £2,000 – offence 1 Soho & Jewellery Soho & Newhall House Quarter Jewellery 204-206 Newhall Street Pleaded guilty to four offences; three offences No separate penalty Quarter of depositing controlled waste, namely black Birmingham for remaining bags of waste relating to Fei Liu Jewellery Ltd, B3 1SH on three separate occasions on offences. Newhall/Graham Street, Birmingham and one offence of failing to comply with a notice £670 costs requiring written information of how waste from (£670 requested) the business was disposed of within 7 days. PEST OFFENCES Date Name & Address Offence details (including Legislation) Fine/Penalty & Ward of Ward - Offence Case Costs defendant committed Heard 1 7/2/19 Arshad Parwaz Prevention of Damage by Pests Act 1949 £160 Bromford & Bromford & Birmingham Hodge Hill Hodge Hill Pleaded guilty to one offence of failing to £250 costs comply with a notice requiring the removal of (£500 requested) all accumulations and items from the rear yard of 200 Bromford Drive, Birmingham which may provide sustenance or harbourage to rodents within 21 days.
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