BIRMINGHAM CITY COUNCIL
REPORT OF THE DIRECTOR OF REGULATION AND ENFORCEMENT
TO THE LICENSING AND PUBLIC PROTECTION COMMITTEE
12 NOVEMBER 2014
ALL WARDS
PROSECUTIONS AND CAUTIONS – SEPTEMBER 2014
1. Summary
1.1 This report summarises the outcome of legal proceedings taken by Regulation and Enforcement during the month of September 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 month of September 2014:
§ 10 Licensing cases resulted in fines of £4,086. Prosecution costs of £4,766 were awarded, 62 penalty points were issued and three 12 month conditional discharges were imposed. 13 simple cautions were administered as set out in Appendix 1.
§ 29 Environmental Health cases resulted in fines of £7,119. Prosecution costs of £8,219 were awarded. An appeal against conviction was dismissed and the appellant ordered to pay an additional £300 towards prosecution costs. No simple cautions were administered as set out in Appendix 2.
§ Four Trading Standards cases resulted in fines of £44,330, a 12 month community order with 120 hours unpaid work, a three year prison sentence and a seven year Director disqualification. Prosecution costs of £37,497 and compensation in the sum of £1,390 were awarded. No simple cautions were administered as set out in Appendix 3.
§ Appendix 4 lists cases finalised by district in September 2014 and cases finalised by district April - September 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 September 2014 the following costs have been requested and awarded:
Licensing
£23,519 has been requested with £15,327 being awarded (65%).
Environmental Health
£60,048 requested with £36,390 being awarded (60%).
Trading Standards
£77,373 requested with £75,492 being awarded (98%).
5.3 For the month of September 2014 the following costs have been requested and awarded:
Licensing
£6,818 has been requested with £4,766 being awarded (70%).
Environmental Health
£10,091 has been requested with £8,219 being awarded (81%).
Trading Standards
£38,574 has been requested with £37,497 being awarded (97%).
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 / Qadir Ahmed
21 Mossfield Road
Kings Heath
Birmingham
B14 7JE / 1/9/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847, Road Traffic Act 1988 & Local Government (Miscellaneous Provisions) Act 1976 / Total £700
£200 – Plying
£500 – No Insurance
+ 8 penalty points
No separate penalty for failing to produce / £550
(£550 requested) / Pleaded guilty to three offences; one offence of plying for hire on Gas Street, one of consequently having invalid insurance and one of failing to produce a certificate of insurance within 5 days as requested.
2 / Rashid Umran
586 Stratford Road
Sparkhill
Birmingham
B11 4AW / 2/9/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / Total £250
£150 – Plying
£100 – No Insurance
+ 6 penalty points / £541
(£541 requested) / Pleaded guilty to two offences; one offence of plying for hire on Bristol Road and one offence of subsequently having invalid insurance.
3 / Nadeem Raja
8 Shackleton Road
Walsall
WS3 3BZ / 5/9/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847, Road Traffic Act 1988 & Local Government (Miscellaneous Provisions) Act 1976 / £335 – No insurance
+ 6 penalty points
No separate penalty for plying & failing to produce / £200
(£488 requested) / Pleaded guilty to three offences; one offence of plying for hire on Ludgate Hill, one of consequently having invalid insurance and one of failing to produce a certificate of insurance within 5 days as requested.
4 / Sadaf Azad
234 Monica Road
Small Heath
Birmingham
B10 9BJ / 10/9/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £486 – No Insurance
+ 6 penalty points
No separate penalty for plying / £915
(£915 requested) / Pleaded guilty to two offences; one offence of plying for hire on Bridge Street and one of consequently having invalid insurance.
5 / Shakeel Rafiq
45 Moat House Road
Ward End
Birmingham
B8 3NP / 15/9/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £1,000
(£500 x 2)
+ 6 penalty points / £960
(£960 requested) / Pleaded not guilty to two offences; one offence of plying for hire on Ladywell Walk, Birmingham and one offence of consequently having invalid insurance.
Found guilty after trial.
6 / Wajid Ali
57 Chipperfield Road
Hodge Hill
Birmingham
B36 8BY / 19/9/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / Total £400
£300 – Plying
£100 – No Insurance
+ 6 penalty points / £600
(£1,713 requested) / Pleaded guilty to two offences; one offence of plying for hire on Ludgate Hill and one offence of consequently having invalid insurance.
Originally listed for trial.
7 / Amjad Mahmood
8 Attwell Road
Tipton
Dudley
DY4 9PL / 19/9/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £235 – No Insurance
+ 6 penalty points
No separate penalty for plying / £250
(£521 requested) / Pleaded guilty to two offences; one offence of plying for hire on Bath Row and one offence of consequently having invalid insurance.
8 / Abdul Rauf
121 Reginald Road
Saltley
Birmingham
B8 1LS / 25/9/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £120 – No Insurance
+ 6 penalty points
12 month conditional discharge – plying / £250
(£431 requested) / Pleaded guilty to two offences; one offence of plying for hire on Rea Street and one offence of consequently having invalid insurance.
9 / Abid Hussain
57 Cartland Road
Stirchley
Birmingham
B30 2SD / 25/9/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £400 – No Insurance
+ 6 penalty points
12 month conditional discharge – plying / £250
(£289 requested) / Pleaded guilty to two offences; one offence of plying for hire on Bristol Road and one offence of consequently having invalid insurance.
10 / Mohammed Shuhag Ahmed
23 Farcroft Avenue
Handsworth
Birmingham
B21 8AA / 25/9/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £160 – No Insurance
+ 6 penalty points
12 month conditional discharge – plying / £250
(£410 requested) / Pleaded guilty to two offences; one offence of plying for hire on Broad Street and one offence of consequently having invalid insurance.
LICENSING SIMPLE CAUTIONS
During the period of September 2014, 13 simple cautions have been administered.
Local Government (Miscellaneous Provisions) Act 1976
Section 48(6) Two cautions were issued for failing to display a private hire vehicle licence plate
Section 49(1) One caution was issued for failing to notify the Council within 14 days with details of who they sold their private hire vehicle to.
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 56(3) One caution was issued for failing to provide records in the form prescribed by a condition attached to an operators licence
Town Police Clauses Act 1847
Section 58 One caution was issued for taking a fare from a passenger that was a greater sum than was authorised by a byelaw
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
Three cautions were issued for failing to produce upon request of an authorised officer, a copy of the Birmingham City Council Hackney Carriage Byelaws
ENVIRONMENTAL HEALTH CASES APPENDIX 2
Name & Address / Date Case Heard / Court / Legislation / Fine/Penalty / Costs / Offence details
1 / Omar Jarrett
40 Danesbury Crescent
Kingstanding
Birmingham
B44 0QP / 3/9/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £200 / £100
(£600 requested) / Found guilty in his absence of one offence of dropping a cigarette butt on the pavement in Stephenson Street, Birmingham.
Originally listed for trial.
2 / Miriam Youngson
63 Cartland Road
Stirchley
Birmingham
B30 2SD / 5/9/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £50
No separate penalty for second offence / £175
(£350 requested) / Pleaded guilty to two offences; one offence of dropping a cigarette butt on the pavement in High Street, Birmingham and one offence of dropping a cigarette butt on the pavement in Stephenson Street, Birmingham.
3 / Robin Rupra
35 Kenilworth Road
Coventry
CV3 6PH / 5/9/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £75 / £175
(£175 requested) / Found guilty in his absence of one offence of dropping a cigarette butt on the pavement in Stephenson Street, Birmingham.
4 / Matthew Pearsall
20 Parkes Lane
Tipton
Dudley
DY4 9JG / 5/9/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £75 / £175
(£175 requested) / Found guilty in his absence of one offence of dropping a cigarette butt on the pavement in New Street, Birmingham.
5 / Agnes Janko
134 Farm Road
Oldbury
West Midlands
B68 8RA / 5/9/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £75 / £175
(£175 requested) / Found guilty in her absence of one offence of dropping a cigarette butt on the pavement in High Street, Birmingham.
6 / Kara Calland
5 Ellesmere Grove
Morecombe
LA4 4LY / 5/9/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £75 / £175
(£175 requested) / Found guilty in her absence of one offence of dropping a cigarette butt on the pavement in Stephenson Street, Birmingham.
7 / Peter Joseph Brennan
8 High Street
Belbroughton
DY9 9SY / 5/9/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £75 / £175
(£175 requested) / Found guilty in his absence of one offence of dropping a cigarette butt on the pavement in New Street, Birmingham.
8 / Mohammed Alli
52 Talbot Road
Birmingham
B18 5DG / 5/9/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £75 / £175
(£175 requested) / Found guilty in his absence of one offence of dropping a cigarette butt on the pavement in New Street, Birmingham.
9 / Satinder Kholi
30 Kings Terrace
Kings Heath
Birmingham
B14 6TR / 5/9/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £100 – offence 1
No separate penalty for remaining offences / £1,000
(£1,288 requested) / Found guilty in her absence of four offences of failing to comply with an abatement notice which required her to prohibit the recurrence of noise nuisance arising from the playing of loud music at 30 Kings Terrace, Kings Heath.
Forfeiture of seized sound equipment granted.
10 / Christian Boboaca
41 Fairholme Road
Birmingham
B36 8HN / 11/9/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £500 / £690
(£690 requested) / Pleaded guilty to one offence of failing to take measures to prevent another person depositing controlled waste (fly tipping), namely black bags of rubbish, from Bargain Express onto the Street opposite 605 Washwood Heath Road.
11 / Quawath Zaidi
113 Fox Hollies Road
Acocks Green
Birmingham
B27 7TY / 11/9/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £37 / £50
(£175 requested) / Pleaded guilty to one offence of dropping a cigarette butt on the pavement in High Street, Birmingham.
12 / Peter Glover
Flat 10 Tibbitts House
Burrowes Street
Walsall
WS2 8NL / 11/9/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £37 / £20