BIRMINGHAM CITY COUNCIL
REPORT OF THE DIRECTOR OF REGULATION AND ENFORCEMENT
TO THE LICENSING AND PUBLIC PROTECTION COMMITTEE
21 JANUARY 2015
ALL WARDS
PROSECUTIONS AND CAUTIONS – OCTOBER AND NOVEMBER 2014
1. Summary
1.1 This report summarises the outcome of legal proceedings taken by Regulation and Enforcement during the months of October and November 2014.
2. Recommendation
2.1 That the report be noted.
Contact Officer: Jacqui Kennedy, Director of Regulation and Enforcement
Telephone: 0121 303 6121
E-Mail:
3. Results
3.1 During the months of October and November 2014:
§ 12 Licensing cases resulted in fines of £3,190. Prosecution costs of £4,102 were awarded and 98 penalty points were issued. A 24 week suspended prison sentence and a 12 month supervision order with 250 hours unpaid work were also imposed. 19 simple cautions were administered as set out in Appendix 1.
§ 61 Environmental Health cases resulted in fines of £25,530. Prosecution costs of £13,809 were awarded. A 16 week suspended prison sentence and 200 hours unpaid work were also imposed. One simple caution was administered as set out in Appendix 2.
§ One Trading Standards case resulted in a fine of £665. Prosecution costs of £1,236 were awarded. Four simple cautions were administered as set out in Appendix 3.
§ Appendix 4 lists cases finalised by district in October and November 2014 and cases finalised by district April - November 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 November 2014 the following costs have been requested and awarded:
Licensing
£30,634 has been requested with £19,429 being awarded (63%).
Environmental Health
£77,923 requested with £50,199 being awarded (64%).
Trading Standards
£78,038 requested with £76,157 being awarded (98%).
5.3 For the months of October and November 2014 the following costs have been requested and awarded:
Licensing
£7,546 has been requested with £4,102 being awarded (54%).
Environmental Health
£18,965 has been requested with £13,809 being awarded (72%).
Trading Standards
£1,236 has been requested with £1,236 being awarded (100%).
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.
DIRECTOR OF REGULATION AND ENFORCEMENT
Background Papers: Nil
1
LICENSING CASES APPENDIX 1
Name & Address / Date Case Heard / Court / Legislation / Fine/Penalty / Costs / Offence details
1 / Mohammed Abedin
27 Starbank Road
Small Heath
Birmingham
B10 9LE / 3/10/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £150 - No Insurance
+ 8 penalty points
No separate penalty for plying
Disqualified from driving for 6 months / £100
(£493 requested) / Pleaded guilty to two offences; one offence of plying for hire on Bromsgrove Street and one of consequently having invalid insurance.
2 / Shakil Akhtar
85 Couchman Road
Alum Rock
Birmingham
B8 3SR / 3/10/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £395 – No Insurance
+ 8 penalty points
No separate penalty for plying / £200
(£368 requested) / Pleaded guilty to two offences; one offence of plying for hire on Hurst Street and one of consequently having invalid insurance.
3 / Mohammed Matloob
95 Cook Street
Nechells
Birmingham
B7 5LG / 3/10/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £585 – No Insurance
+ 8 penalty points
No separate penalty for plying / £431
(£431 requested) / Pleaded guilty to two offences; one offence of plying for hire on High Street, Kings Heath, Birmingham and one of consequently having invalid insurance.
Name & Address / Date Case Heard / Court / Legislation / Fine
/Penalty / Costs / Offence details
4 / Bahadar Arif
185 Cheshire Road
Smethwick
West Midlands
B67 6DL / 15/10/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £360 – Total
(£180 x 2 – No Insurance )
+ 12 penalty points
Disqualified from driving for 28 days / £200
(£933 requested) / Pleaded guilty to four offences; two offences of plying for hire on Bristol Road, Selly Oak, Birmingham and two of consequently having invalid insurance.
After hearing an exceptional hardship argument the Magistrates found that Mr Arif would suffer exceptional hardship if he was disqualified and therefore imposed a discretionary driving ban of 28 days.
5 / Waheed Nazir
4 Marlborough Road
Small Heath
Birmingham
B10 9NY / 27/10/14 / Birmingham Magistrates Court / Fraud Act 2006 & Road Traffic Act 1988 / 24 weeks imprisonment suspended for 12 months +
supervision order for 12 months and 250 hours unpaid work to run concurrently for all 4 Fraud Act offences
+ 12 penalty points for two no insurance
offences - no further points imposed for 3rd offence
Disqualified from driving for 2 years / £500
(£2,149 requested) / Pleaded guilty to five offences: two Fraud Act offences of submitting a false certificate of insurance to Birmingham City Council licensing staff as part of an application for a Private Hire Vehicle Licence and to the Licensed Operator of Crown Blue Arrow Cars and three Road Traffic Act offences of using his vehicle on three occasions without having valid insurance.
Pleaded not guilty to two Fraud Act offences of producing a fraudulent DVLA licence to the Licensing section on two separate occasions.
Found guilty after trial.
6 / Mohammed Naveed Sheraz
119 Ivor Road
Sparkhill
Birmingham
B11 4NS / 31/10/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £265 – No insurance
+ 6 penalty points
No separate penalty for plying / £482
(£482 requested) / Pleaded guilty to two offences; one offence of plying for hire on Alcester Road, Birmingham and one of consequently having invalid insurance.
7 / Nasir Hussain
64 Unett Street
Smethwick
B66 3SZ / 6/11/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £200 – No Insurance
+ 6 penalty points
No separate penalty for plying. / £150
(£493 requested) / Pleaded guilty to two offences; one of plying for hire on Broad Street, Birmingham and one of consequently having invalid insurance.
8 / Mansoor Hussain
10 Victoria Street
Burton-on-Trent
DE14 2LP / 20/11/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £250 – No Insurance
+ 6 penalty points
No separate penalty for plying / £300
(£458 requested) / Pleaded guilty to two offences; one of plying for hire on Manor Hill, Sutton Coldfield and one of consequently having invalid insurance.
Name & Address / Date Case Heard / Court / Legislation / Fine
/Penalty / Costs / Offence details
9 / Haytham Elkholi Abdelkarem
12 Cuin Road
Smethwick
B66 3TU / 28/11/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £340 – No Insurance
+ 8 penalty points
No separate penalty for plying / £523
(£523 requested) / Pleaded guilty to two offences; one of plying for hire on Hurst Street, Birmingham and one of consequently having invalid insurance.
10 / Khalid Mushtaq
83 Mary Street
Balsall Heath
Birmingham
B12 9JU / 28/11/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £160 – No Insurance
+ 8 penalty points
No separate penalty for plying / £388
(£388 requested) / Pleaded guilty to two offences; one of plying for hire on Alcester Road, Birmingham and one of consequently having invalid insurance.
11 / Mjeebadeen Wlasmal
3 John Street
Lozells
Birmingham
B19 1NT / 28/11/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £110 – no Insurance
+ 8 penalty points
No separate penalty for plying / £398
(£398 requested) / Pleaded guilty to two offences; one of plying for hire on Rea Street, Birmingham and one of consequently having invalid insurance.
12 / Atlas Mirdad Khan
4 Bryant Street
Winson Green
Birmingham
B18 4BH / 28/11/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £375 – no Insurance
+ 8 penalty points
No separate penalty for plying / £430
(£430) requested) / Pleaded guilty to two offences; one of plying for hire on High Street, Harborne, Birmingham and one of consequently having invalid insurance.
LICENSING SIMPLE CAUTIONS
During the period of October and November 2014, 19 simple cautions have been administered.
Local Government (Miscellaneous Provisions) Act 1976
Section 48(6) Six cautions were issued for failing to display a private hire vehicle licence plate
Section 54(2) Five cautions were issued for failing to wear a private hire driver’s badge in a manner as to be plainly and distinctly visible.
Section 57 One caution was administered for failing to disclose previous convictions on a licensing application
Town Police Clauses Act 1847
Section 45 One caution was issued for plying for hire
Licensing Act 2003
Section 127(1) One caution was issued for failing to notify Birmingham City Council of a change of address in accordance with the conditions of a Personal Licence
Birmingham City Council Act
Section 6(1) One caution was issued for carrying on an establishment for special treatments without a licence
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 upon request of an authorised officer, a copy of the Birmingham City Council Hackney Carriage Byelaws
One caution was issued for failing to display a fare table in a manner as to be plainly and distinctly visible.
Two cautions were issued for failing to wear or display a Hackney Carriage Drivers badge in a position and manner to be plainly and distinctly visible.
ENVIRONMENTAL HEALTH CASES APPENDIX 2
/Penalty / Costs / Offence details
1 / Stephen Phillip Banks
Aston Farm
Aston
Stafford
ST18 9LJ / 3/10/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £200 / £175
(£175 requested) / Found guilty in his absence of one offence of dropping a cigarette butt on the pavement in Stephenson Street, Birmingham.
2 / Mohammed Khalid Khan Naim
Room 1
33 Goode Avenue
Hockley
Birmingham
B18 5QH / 9/10/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £55 / £75
(£175 requested) / Pleaded guilty to one offence of dropping a cigarette butt on the pavement in Eden Place, Birmingham.
3 / Christopher Swindells
41 Pepworth Grove
Dudley
DY1 3BQ / 9/10/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £200 / £175
(£175 requested) / Found guilty in his absence of one offence of dropping a cigarette butt on the pavement in Stephenson Street, Birmingham.
4 / Charelle Tomlin
Apartment 7
Boston House
14 Waterside Close
Hockley
Birmingham
B18 5RY / 9/10/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £200 / £175
(£175 requested) / Found guilty in her absence of one offence of dropping a cigarette butt on the pavement in New Street, Birmingham.
5 / Mohammed Jabir Tuaha
402 Green Lane
Small Heath
Birmingham
B9 5QJ / 9/10/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £55 / £75
(£175 requested) / Pleaded guilty to one offence of dropping a cigarette butt on the pavement in Centenary Way, Birmingham.
Name & Address / Date Case Heard / Court / Legislation / Fine
/Penalty / Costs / Offence details
6 / Luke Wall
47 Panther Croft
Shard End
Birmingham
B34 7SB / 17/10/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £400 / £175
(£175 requested) / Found guilty in his absence of one offence of dropping a cigarette butt on the pavement in Bennetts Hill, Birmingham.
7 / Jitka Gulasova