BIRMINGHAM CITY COUNCIL REPORT OF THE ACTING DIRECTOR OF REGULATION AND ENFORCEMENT TO THE LICENSING AND PUBLIC PROTECTION COMMITTEE 23 OCTOBER 2017 ALL WARDS PROSECUTIONS AND CAUTIONS – JULY AND AUGUST 2017 1. Summary 1.1 This report summarises the outcome of legal proceedings taken by Regulation and Enforcement during the months of July and August 2017. 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 July and August 2017 the following cases were heard at Birmingham Magistrates Court, unless otherwise stated: ° Six Licensing cases resulted in fines of £1,819. Prosecution costs of £2,120 were awarded with a total of 24 penalty points. 14 simple cautions were administered as set out in Appendix 1. ° 107 Environmental Health cases resulted in fines of £64,957 and a Community Order. Prosecution costs of £37,570 were awarded together with clean-up costs in the sum of £320. One simple caution was administered as set out in Appendix 2. ° Three Trading Standards case were finalised resulting in fines of £50,900 and three Community Orders. Prosecution costs in the sum of £38,018 were awarded together with a total amount of compensation of £16,851. No simple cautions were administered as set out in Appendix 3. ° Appendix 4 lists cases finalised by district in July and August 2017 and cases finalised by district April - August 2017. ° Appendix 5 lists the enforcement activity undertaken by the Waste Enforcement Team in April - July 2017. 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 2017 to August 2017 the following costs have been requested and awarded: Licensing £10,389 has been requested with £6,431 being awarded (62%) Environmental Health £148,432 has been requested with £122,433 being awarded (82%). Trading Standards £63,009 has been requested with £54,794 being awarded (87%). 2 5.3 For the months of July and August 2017 the following costs have been requested and awarded: Licensing £3,398 has been requested with £2,120 being awarded (62%) Environmental Health £46,435 has been requested with £37,570 being awarded (81%). Trading Standards £44,687 has been requested with £38,018 being awarded (85%). 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 Date Name & Address Offence details (including Legislation) Fine/Penalty Ward of Ward - Offence Case & Costs defendant committed Heard 1 10/7/17 MD Nural Amin Equalities Act 2010 £300 Aston Aston 74 Gerrard Street Newtown Pleaded not guilty to one offence of failing to £450 costs Birmingham carry out a booking accepted by the operator, (£450 B19 2BS Star Cars, because the disabled customer was requested) accompanied by an assistance dog. Found guilty after trial. 2 12/7/17 Mohammed Farooq Local Government (Miscellaneous Provisions) £400 Out of area Moseley & Kings 75 Broadway Act 1976 Heath Oldbury £475 costs West Midlands Pleaded not guilty to one offence of causing a (£987 B68 9DP private hire vehicle to wait on a Hackney requested) Carriage stand in St Mary’s Row, Moseley. Found guilty after trial. 3 21/7/17 Muhammed Nadeen Town Police Clauses Act 1847 & Road Traffic £314 – Plying Bordesley Nechells Chuhadary Act 1988 Green 134 Burlington Road No separate Small Heath Pleaded guilty to two offences: one of plying for penalty for No Birmingham hire in Ladywell Walk, Birmingham and one of Insurance B10 9PD consequently having invalid insurance. + 6 penalty points. £493 costs (£493 requested) 4 4 31/8/17 Alauddin Miagi Town Police Clauses Act 1847 & Road Traffic £235 – No Out of area Nechells 52 Pluto Close Act 1988 Insurance Leicester LE2 0UU Pleaded guilty to two offences: one of plying for No separate hire in Smallbrook Queensway, Birmingham and penalty for one of consequently having invalid insurance. plying + 6 penalty points £250 costs (£523 requested) 5 31/8/17 Habtom Tesfahuney Town Police Clauses Act 1847 & Road Traffic £350 – No Aston Selly Oak Ghebremichael Act 1988 Insurance Flat 74 Rea Tower Mosborough Crescent Pleaded guilty to two offences: one of plying for No separate Newtown hire in Bristol Road, Selly Oak, Birmingham and penalty for Birmingham one of consequently having invalid insurance. plying B19 3AX + 6 penalty points £452 costs (£452 requested) 6 31/8/17 Mohammed Ali Shah Town Police Clauses Act 1847 & Road Traffic £220 – No Bordesley Nechells 808 Coventry Road Act 1988 Insurance Green Small Heath Birmingham Pleaded guilty to two offences: one of plying for No separate B10 0TY hire in Hurst Street, Birmingham and one of penalty for consequently having invalid insurance. plying + 6 penalty points No costs awarded (£493 requested) 5 LICENSING SIMPLE CAUTIONS During the period of July and August 2017, 14 simple cautions have been administered. Local Government (Miscellaneous Provisions) Act 1976 Section 48(6) Three cautions were issued for failing to display a private hire vehicle licence plate Section 54(2) One caution was issued for failing to wear a private hire driver’s badge in a manner as to be plainly and distinctly visible Section 64(3) Six cautions were issued for waiting on a Hackney Carriage stand without being licensed as Hackney Carriage Licensing Act 2003 Section 57 One caution was issued for failing to produce a premises licence upon request by an authorised officer. Byelaw 26 of the Birmingham City Council Hackney Carriage Byelaws 2008 made under section 68 of the Town Police Clauses Act 1847 and section 171 of the Public Health Act 1875 One caution was issued for failing to produce a copy of the Birmingham City Council byelaws when requested . Byelaw 26 of the Birmingham City Council Hackney Carriage Byelaws 2008 made under section 68 of the Town Police Clauses Act 1847 and section 171 of the Public Health Act 1875 One caution was issued for failing to display the fare table in a position and manner as to be plainly and distinctly visible. Byelaw 26 of the Birmingham City Council Hackney Carriage Byelaws 2008 made under section 68 of the Town Police Clauses Act 1847 and section 171 of the Public Health Act 1875 One caution was issued for failing to produce a copy of the Birmingham City Council byelaws when requested and failing to display the fare table in a position and manner as to be plainly and distinctly visible. 6 ENVIRONMENTAL HEALTH CASES APPENDIX 2 FOOD HYGIENE OFFENCES Date Name & Address Offence details (including Legislation) Fine/Penalty & Ward of Ward - Offence Case Costs defendant committed Heard 1 6/7/17 Yorks Artisan Bakeries Food Safety and Hygiene (England) £8,000 x 1 Ladywood Ladywood Ltd Regulations 2013 29-30 Stephenson Street No separate Birmingham Pleaded guilty to six offences relating to penalty for B2 4BH conditions at Yorks Bakery Café, 29 remaining offences Stephenson Street, Birmingham. The premises were not kept in good repair and £1,881 costs condition and there were mouse droppings (£1,881 requested) throughout the premises.. There was dirt and food debris on preparation surfaces, mops, brooms and buckets were dirty, there was a build-up of dirt at floor/wall junctions and underneath shelving. There were holes in the premises which could allow access to pests. Plastic crates used for storing cake and onions were dirty and the cake display stand was damaged and covered in sellotape. Ready to eat sandwiches were placed on unwashed root vegetables and raw bacon was stored on ready to eat salmon. 7 2 6/7/17 Basharat Hussain Food Safety and Hygiene (England) £766 x 1 Stockland Green Aston 75 Mere Road Regulations 2013 Birmingham No separate B23 7LL Pleaded guilty to four offences relating to penalty for conditions at Apna Roti and Curry Junction, remaining offences 336 Witton Road, Birmingham. There was evidence of mouse activity throughout the £1,000 costs premises and the premises were not kept (£1,362 requested) clean. Walls and gas pipes were covered in grease and the floor was littered with mouse droppings. Food contact surfaces were littered with mouse droppings and there were no procedures based on HACCP principles. 3 10/7/17 MU Foods Ltd Food Safety and Hygiene (England) Total £18,000 Edgbaston Springfield 11 Portland Road Regulations 2013 Edgbaston Criminal Damage Act 1971 £1,272 costs Birmingham (£1,272 requested) B16 9HN Found guilty in their absence of eight offences; five offences relating to the poor conditions at Hajee Spices, 512 Stratford Road, Birmingham, rat droppings were found throughout the premises.