CITY COUNCIL

REPORT OF THE SERVICE DIRECTOR REGULATION AND ENFORCEMENT TO THE LICENSING AND PUBLIC PROTECTION COMMITTEE

17 JUNE 2015 ALL WARDS

PROSECUTIONS AND CAUTIONS – MARCH AND APRIL 2015

1. Summary

1.1 This report summarises the outcome of legal proceedings taken by Regulation and Enforcement during the months of March and April 2015.

2. Recommendation

2.1 That the report be noted.

Contact Officer: Jacqui Kennedy, Service Director Regulation and Enforcement Telephone: 0121 303 6121 E-Mail: [email protected]

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3. Results

3.1 During the months of March & April 2015:

. 15 Licensing cases resulted in fines of £13,152. Prosecution costs of £9,214 were awarded together with 86 penalty points and 12 months of driving disqualifications. An 18 month conditional discharge was also imposed. One defendant appealed against conviction but the conviction was upheld and he was ordered to pay additional costs in the sum of £600. 13 simple cautions were administered as set out in Appendix 1. . 87 Environmental Health cases resulted in fines of £36,970. Prosecution costs of £40,237 were awarded. No simple cautions were administered as set out in Appendix 2. . Seven Trading Standards cases resulted in fines of £19,551 together with a total of 15 months and 10 weeks suspended prison sentences and 660 hours unpaid work. Prosecution costs of £42,095 were awarded together with compensation in the sum of £38,757. Two simple cautions were administered as set out in Appendix 3. . Appendix 4 lists cases finalised by district in March 2015, cases finalised by district April 2014 – March 2015 and cases finalized by district in April 2015. . Appendix 5 lists the enforcement activity undertaken by the Waste Enforcement Team since October 2014.

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 2014 to April 2015 the following costs have been requested and awarded:

Licensing £56,564 has been requested with £32,618 being awarded (58%).

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Environmental Health £151,170 requested with £114,109 being awarded (75%).

Trading Standards £141,522 requested with £136,469 being awarded (96%).

5.3 For the months of March and April 2015 the following costs have been requested and awarded:

Licensing £18,824 has been requested with £9,214 being awarded (58%).

Environmental Health £44,513 has been requested with £40,237 being awarded (90%).

Trading Standards £44,051 has been requested with £42,095 being awarded (95%).

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 Sustainable Community Strategy identified in the Council Business Plan 2013+.

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.

SERVICE DIRECTOR REGULATION AND ENFORCEMENT

Background Papers: Nil

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LICENSING CASES APPENDIX 1

Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 1 Anwarul Islam 2/3/15 Birmingham Town Police Clauses £150 - No £638 Pleaded guilty to two offences; 46 Tewkesbury Road Magistrates Act 1847 & Road Insurance one offence of plying for hire on Perry Barr Court Traffic Act 1988 (£638 Broad Street on 21st May 2014 Birmingham + 6 penalty requested) and one offence of B20 3DU points consequently having invalid insurance. Disqualified from driving Originally listed for trial. for 6 months

No separate penalty for plying

2 Khalil Malik 19/3/15 Birmingham Town Police Clauses £375 – No £250 Pleaded guilty to two offences; 30 Geraldine Road Magistrates Act 1847 & Road Insurance one offence of plying for hire on Yardley Court Traffic Act 1988 (£473 Bromsgrove Street on 12th Birmingham + 6 penalty requested) August 2014 and one offence B25 8BD points of consequently having invalid insurance. No separate penalty for plying

3 Mohammed Saghir 19/3/15 Birmingham Equalities Act 2010 18 month £350 Pleaded guilty to one offence of 63 Acfold Road Magistrates conditional failing to carry out a booking Handsworth Court discharge (£723 accepted by his operator due to Birmingham requested) the passenger being B20 1HG accompanied by an assistance dog.

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4 Nasser Khan 19/3/15 Birmingham Town Police Clauses £305 – No £575 Pleaded guilty to two offences; 19 Vale Road Magistrates Act & Road Traffic Insurance one offence of plying for hire on Dudley Court Act 1988 (£575 Essex Street and one offence West Midlands + 6 penalty requested) of consequently having invalid DY2 9HY points insurance.

No separate penalty for plying

5 Siko Madlunga 1/4/15 Birmingham Town Police Clauses £760 – No £200 Pleaded guilty to four offences; 16 Hodnet Grove Magistrates Act 1847 & Road Insurance one offence of plying for hire on Highgate Court Traffic Act 1988 offences (£1,040 Broad Street on 3rd June 2014, Birmingham requested) one offence of plying for hire on B5 7DG (£380 x 2) on 6th September 2014 and two offences of + 12 penalty consequently having invalid points insurance.

No separate The Magistrates found penalty for exceptional hardship. plying offences

6 David Tanser 2/4/15 Birmingham Town Police Clauses £415 – Plying £270 Pleaded guilty to two offences; 65 Chudleigh Road Magistrates Act 1847 & Road one of plying for hire on Court Traffic Act 1988 + 8 penalty (£270 Mindelsohn Way and one of Birmingham points requested) consequently having invalid B23 6HG insurance. No separate financial penalty for no insurance

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7 Abdul Hamid 2/4/15 Birmingham Town Police Clauses £200 – Plying £473 Pleaded guilty to two offences; 226 Churchill Road Magistrates Act 1847 & Road one of plying for hire on Rea Bordesley Green Court Traffic Act 1988 + 7 penalty (£473 Street and one of consequently Birmingham points requested) having invalid insurance. B9 5NU No separate financial penalty for no insurance

8 Aftab Hussain 1/4/15 Birmingham Road Traffic Act £640 £200 Mr Hussain pleaded guilty to 12 201 Hawkesyard Road Magistrates 1988 & Local offences; four of acting as a Erdington Court Government (£160 x 4 no (£450 private hire driver without being Birmingham (Miscellaneous insurance requested) licensed by Birmingham City B24 8LJ Provisions) Act 1976 offences) Council, four of using a vehicle as a private hire vehicle when it + 24 penalty was not licensed and four points offences of consequently having invalid insurance. Disqualified from driving The Court did not find for 6 months exceptional hardship.

St Pauls Cars 8/4/15 Birmingham Road Traffic Act £9,000 £550 The Company pleaded guilty to 65 Caroline Street Magistrates 1988 four offences of allowing Aftab Birmingham Court (£2,250 x 4) (£550 Hussain to use his vehicle B3 1UG requested) without valid insurance.

Originally listed for trial.

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9 Shujaat Hussa