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Birmingham City Council BIRMINGHAM CITY COUNCIL REPORT OF THE ACTING DIRECTOR OF REGULATION AND ENFORCEMENT TO THE LICENSING AND PUBLIC PROTECTION COMMITTEE 18 NOVEMBER 2015 ALL WARDS PROSECUTIONS AND CAUTIONS – AUGUST AND SEPTEMBER 2015 1. Summary 1.1 This report summarises the outcome of legal proceedings taken by Regulation and Enforcement during the months of August and September 2015. 2. Recommendation 2.1 That the report be noted. Contact Officer: Alison Harwood, Acting Director of Regulation and Enforcement Telephone: 0121 303 0201 E-Mail: [email protected] 1 3. Results 3.1 During the months of August and September 2015: . 9 Licensing cases resulted in fines of £4,135. Prosecution costs of £4,515 were awarded together with 60 penalty points and a total of 14 months driving disqualifications. 30 simple cautions were administered as set out in Appendix 1. 97 Environmental Health cases resulted in fines of £45,876. Prosecution costs of £30,766 were awarded. One simple caution was administered as set out in Appendix 2. Six Trading Standards cases resulted in fines of £8,950 together with prison sentences of 29 months and 16 weeks. Prosecution costs of £7,046 were awarded. No simple cautions were administered as set out in Appendix 3. Appendix 4 lists cases finalised by district in August and September 2015 and cases finalised by district April-September 2015. Appendix 5 lists the enforcement activity undertaken by the Waste Enforcement Team April - August 2015. 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 2015 to September 2015 the following costs have been requested and awarded: Licensing £37,134 has been requested with £21,471 being awarded (59%). Environmental Health £81,919 requested with £69,331 being awarded (85%). Trading Standards £58,216 requested with £40,557 being awarded (70%). 2 5.3 For the months of August and September 2015 the following costs have been requested and awarded: Licensing £8,676 has been requested with £4,515 being awarded (52%). Environmental Health £36,520 has been requested with £30,766 being awarded (84%). Trading Standards £22,766 has been requested with £7,046 being awarded (31%). 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. ACTING DIRECTOR OF REGULATION AND ENFORCEMENT Background Papers: Nil 3 LICENSING CASES APPENDIX 1 Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 1 Mohammed Mushtaq 7/8/15 Birmingham Local Government Total £240 £500 Pleaded guilty to four offences: 43 Vernon Avenue Magistrates (Miscellaneous one of being the Operator of Handsworth Wood Court Provisions) Act 1976 + 18 penalty (£675 Atlas Cars and knowingly Birmingham & Road Traffic Act points requested) operating an unlicensed driver B20 1DD 1988 and three of permitting the + 6 months driver to use the vehicle without disqualification valid insurance. from driving 2 Nazir Ali Azizi 12/8/15 Birmingham Local Government Total £290 £100 Pleaded guilty to six offences: 177 Stockfield Road Magistrates (Miscellaneous two of knowingly acting as a Acocks Green Court Provisions) Act 1976 (£145 x 2 no (£670 private hire driver without a Birmingham & Road Traffic Act insurance requested) current driver’s licence, two of B27 6AU 1988 offences) acting as a private hire driver without a current vehicle No separate licence and two offences of penalty for using the vehicle without valid remaining insurance. offences + 12 penalty points 3 Samson Yosef 14/8/15 Birmingham Town Police Clauses Total £1,000 £423 Found guilty in his absence of 122 Ludlow Road Magistrates Act 1847 & Road two offences; one offence of Alum Rock Court Traffic Act 1988 (£400 – Plying (£423 plying for hire on Rea Street on Birmingham requested) 9th January 2015 and one B8 3BT £600 – No offence of consequently having Insurance) invalid insurance. + 6 penalty points 4 4 Paul Grindrod 14/8/15 Birmingham Town Police Clauses Total £1,000 £657 Found guilty in his absence of 1 St Lawrence House Magistrates Act 1847 & Road two offences; one offence of Melville Road Court Traffic Act 1988 (£400 – Plying (£657 plying for hire on Waterloo Edgbaston requested) Street on 9th January 2015 and Birmingham £600 – No one offence of consequently B16 9NQ Insurance) having invalid insurance. + 6 penalty points 5 Saliman Mohammed 26/8/15 Birmingham Town Police Clauses Total £300 £500 Pleaded not guilty to two Flat 1 Magistrates Act 1847 & Road offences; one offence of plying 24 Rann Close Court Traffic Act 1988 (£200 – Plying (£1,021 for hire on Broad Street on 28th Birmingham requested) May 2014 and one offence of B16 8HF £100 – No consequently having invalid Insurance) insurance. + 6 penalty Found guilty after trial. points 6 Arshid Mahmood 26/8/15 Birmingham Town Police Clauses Total £300 £300 Pleaded not guilty to two 140 Cheshire Road Magistrates Act 1847 & Road offences; one offence of plying Smethwick Court Traffic Act 1988 (£200 – Plying (£1,000 for hire on Gas Street on 21st West Midlands requested) May 2014 and one offence of B67 7DN £100 – No consequently having invalid Insurance) insurance. + 6 penalty Found guilty after trial. 7 Dharmpal Singh 3/9/15 Birmingham Town Police Clauses Total £305 £450 Pleaded guilty to two offences; 53 Rudge Walk Magistrates Act 1847 & Road (£305 – No one offence of plying for hire on Ladywood Court Traffic Act 1988 Insurance) (£450 Ladywood Middleway on 27th Birmingham + 6 penalty requested) March 2015 and one offence of B18 7AS points consequently having invalid No separate insurance. penalty for plying 5 8 Goyer Iltaf 17/9/15 Birmingham Local Government Total £500 £1,500 Pleaded guilty to two offences 227 Bromford Road Magistrates (Miscellaneous of being the operator of Galaxy Hodge Hill Court Provisions) Act 1976 (£2,585 Top Rank Sutton Choice Cars Birmingham (£250 x 2) requested) and knowingly operating an B36 8HA unlicensed private hire driver and an unlicensed private hire vehicle. 9 Nadeem Ahmed 21/9/15 Birmingham Fraud Act 2006 Total £200 £85 Pleaded not guilty to three 60 Morris Road Magistrates Town Police Clauses offences; one of falsely Ward End Court Act 1847 & Road (£100 x 2) (£1,195 representing that he was a Birmingham Traffic Act 1988 requested) driver for TC Cars Ltd by B8 2ED Disqualified displaying a “TC CARS” from driving window sticker on his vehicle, for 8 months. one of plying for hire in Bennetts Hill, Birmingham on No separate 12th December 2014 and one of penalty for no consequently having invalid insurance. insurance. Found guilty after trial. 6 APPEALS AGAINST CONVICTION AND SENTENCE Name & Address Date Case Court Legislation Fine/Penalty Costs Offence details Heard 1 Zulfiqar Ali 11/9/15 Birmingham Town Police Total £275 £2,222 Appeal against conviction and 2C Hayfield Road Crown Court Clauses Act 1847 & sentence. Moseley Road Traffic Act (£110 – Plying Additional Birmingham 1988 costs of The Appeal Court were satisfied B13 9LF £165 – No £1,222 were the offences of plying for hire on Insurance) awarded by Broad Street on 28th May 2014 the Appeal and consequently having invalid + 7 penalty Court insurance were proven and points dismissed the appeal. (£1,000 Sentence previously remains awarded by unchanged the Magistrates) 2 Khalid Din 18/9/15 Birmingham Town Police Total £735 £1,000 Appeal against conviction and Flat 11 Bucknall House Crown Court Clauses Act 1847 & sentence. 172 Alcester Road Road Traffic Act (£735 – No (£1,000 South 1988 Insurance) previously The Appeal Court were satisfied Brandwood awarded by the offences of plying for hire on Birmingham + 6 penalty the Broad Street on 28th May 2014 B14 6DE points Magistrates) and consequently having invalid insurance were proven and No separate No dismissed the appeal. penalty for additional plying costs awarded. Sentence remains unchanged 7 LICENSING SIMPLE CAUTIONS During the period of August and September 2015, 30 simple cautions have been administered. Local Government (Miscellaneous Provisions) Act 1976 Section 48(6) 16 cautions were issued for failing to display a private hire vehicle licence plate Section 48(6), 50(1) & 73(1)(b) One caution was issued for failing to display a private hire vehicle licence plate, failing to present the vehicle for inspection and testing by the Council within 7 days of a date given and failing to produce an insurance certificate to Licensing officers within 5 days. Section 49 One caution was issued for failing to notify the council within 14 days of the transfer of a vehicle and provide the name and address of the person to whom the vehicle had been transferred Section 54(2) Seven cautions were issued for failing to wear a private hire driver’s badge in a manner as to be plainly and distinctly visible.
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