BIRMINGHAM CITY COUNCIL
REPORT OF THE DIRECTOR OF REGULATION AND ENFORCEMENT
TO THE LICENSING AND PUBLIC PROTECTION COMMITTEE
17 SEPTEMBER 2014
ALL WARDS
PROSECUTIONS AND CAUTIONS – JUNE AND JULY 2014
1. Summary
1.1 This report summarises the outcome of legal proceedings taken by Regulation and Enforcement during the months of June and July 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 June and July 2014:
§ 14 Licensing cases resulted in fines of £5,820. Prosecution costs of £5,272 were awarded, 78 penalty points were issued and 12 months driving disqualification. 21 simple cautions were administered as set out in Appendix 1.
§ 55 Environmental Health cases resulted in fines of £13,470, a 12 month conditional discharge and a 12 month community order with 150 hours unpaid work. Prosecution costs of £13,817 were awarded. One defendant successfully appealed against sentence which resulted in the fine being reduced from a total of £10,000 to £5,000. The prosecution costs remained unchanged. Two simple cautions were administered as set out in Appendix 2.
§ Five Trading Standards cases resulted in fines of £31,800 and 200 hours unpaid work. Prosecution costs of £7,593 were awarded. No simple cautions were administered as set out in Appendix 3.
§ Appendix 4 lists cases finalised by district in June and July 2014 and cases finalised by district April – July 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 July 2014 the following costs have been requested and awarded:
Licensing
£13,249 has been requested with £8,986 being awarded (68%).
Environmental Health
£35,796 requested with £22,132 being awarded (62%).
Trading Standards
£34,030 requested with £33,226 being awarded (97%).
5.3 For the months of June and July 2014 the following costs have been requested and awarded:
Licensing
£7,882 has been requested with £5,272 being awarded (67%).
Environmental Health
£22,582 has been requested with £13,817 being awarded (60%).
Trading Standards
£9,188 has been requested with £7,593 being awarded (82%).
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 / Asghar Hussain
95 Gladstone Road
Sparkbrook
Birmingham
B11 1LN / 5/6/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / Total £240
£120 – Plying
£120 – No Insurance
+ 6 penalty points / £100
(£390 requested) / Pleaded guilty to two offences; one offence of plying for hire on Alcester Road and one offence of consequently having invalid insurance.
2 / Mohammed Farid
18 Aubrey Road
Small Heath
Birmingham
B10 9DG
Mohammed Rouf Khan
23 Billesley Lane
Moseley
Birmingham
B13 9QT
Ambassador Cars (UK) Ltd
T/A Ambassador Cars
73 High Street
Kings Heath
Birmingham
B14 7BH
Basil Abdul Karem Mohammed
13 Cromer Road
Balsall Heath
Birmingham
B12 9QP / 5/6/14 / Birmingham Magistrates Court / Local Government (Miscellaneous Provisions) Act 1976, Road Traffic Act 1988 & Fraud Act 2006 / Total £1,960
£480 (Farid)
£480 (Khan)
£1,000
(Company)
£480 - No insurance
+ 6 penalty points
No separate penalty for other offences / £1,025
(£1,025 requested)
£500
(£528 requested) / The Directors and Company pleaded guilty to four offences: one of knowingly operating a motor vehicle as a private hire vehicle when the driver, Basil Mohammed, did not have a current licence and three offences of failing to produce records of private hire drivers, vehicles and call signs when requested.
Basil Mohammed pleaded guilty to four offences: two of producing insurance certificates in support of an application stating that a prospective driver, Mr Mohammed R Khan, was insured to drive the vehicle when in fact he had been removed from the policy and one of acting as a private hire driver without a current licence and one offence of driving without insurance.
3 / Mohammed Zubair
59 Starbank Road
Small Heath
Birmingham
B10 9LE / 13/6/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847, Road Traffic Act 1988 & Local Government (Miscellaneous Provisions) Act 1976 / £130 – no insurance
+ 6 penalty points
No separate penalty for other offences / £100
(£350 requested) / Pleaded guilty to three offences: one of plying for hire on Suffolk Street Queensway, one of consequently having invalid insurance and one offence of acting as a private hire driver without a current licence.
4 / Sheikh Miah
133 Ombersley Road
Sparkbrook
Birmingham
B12 8UU / 13/6/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £175 – no insurance
+ 6 penalty points
No separate penalty for plying / £200
(£389 requested) / Pleaded guilty to two offences; one offence of plying for hire on Hurst Street and one offence of consequently having invalid insurance.
5 / Shabir Khan
1 Geoffrey Road
Sparkhill
Birmingham
B11 4HU / 19/6/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £135 – no insurance
+ 6 penalty points
No separate penalty for plying / £326
(£326 requested) / Pleaded guilty to two offences; one offence of plying for hire on Alcester Road and one offence of consequently having invalid insurance.
6 / Shewagull Zadran
144 Eastfield Road
Bordesley Green
Birmingham
B9 5XA / 27/6/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £185 – No Insurance
+ 6 penalty points
No separate penalty for plying for hire. / £230
(£459 requested) / Pleaded guilty to two offences: one offence of plying for hire on Bristol Road and one offence of consequently having invalid insurance.
7 / Mehr Ban
5 Chesterton Avenue
Sparkbrook
Birmingham
B12 8HH / 27/6/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £400 – No Insurance
+ 6 penalty points
No separate penalty for plying for hire. / £220
(£439 requested) / Pleaded guilty to two offences; one offence of plying for hire on Hurst Street and one offence of consequently having invalid insurance.
8 / Abdul Shafaique Malik
37 Tyseley Lane
Birmingham
B11 3PT / 27/6/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £405 – Plying
+ 6 penalty points
No separate financial penalty for no insurance / £418
(£418 requested) / Pleaded guilty to two offences; one offence of plying in Bristol Street and one offence of consequently having invalid insurance.
9 / Raghbir Singh Nandhra
97 St Albans Road
Smethwick
Warley
West Midlands
B67 7NJ / 11/7/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 / £80 / £200
(£308 requested) / Pleaded guilty to one offence of plying for hire on Broad Street, Birmingham.
10 / Faisal Younis
14 Village Road
Aston
Birmingham
B6 6RB / 11/7/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 / £80 / £250
(£359 requested) / Pleaded guilty to one offence of plying for hire on Broad Street, Birmingham.
11 / Naveed Arif
9 Sandway Gardens
Washwood Heath
Birmingham
B8 1RG / 11/7/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £445 – No insurance
+ 6 penalty points
No separate penalty for plying / £250
(£378 requested) / Pleaded guilty to two offences; one of plying for hire on Alcester Road and one offence of consequently having invalid insurance.
12 / Dil Afzal
29 Cobham Road
Bordesley Green
Birmingham
B9 4UP / 11/7/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / Total £230
(£115 x 2 no insurance offences)
+ 12 penalty points
Disqualified from driving for 12 months
No separate penalty for x 2 plying / £753
(£753 requested) / Pleaded guilty to four offences; two offences of plying for hire on Birmingham Road and Ludgate Hill on two separate dates and two offences of consequently having invalid insurance.
13 / Najibullah Nasiri
18 Jerome Road
Walsall
WS2 9TP / 23/7/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / £420 – No insurance
+ 6 penalty points
No separate penalty for plying / £500
(£1,360 requested) / Pleaded guilty to two offences; one offence of plying for hire on Birmingham Road, Sutton Coldfield and one offence of consequently having invalid insurance.
14 / Qadeer Ahmed Hussain
241 Bromford Road
Hodge Hill
Birmingham
B36 8EX / 31/7/14 / Birmingham Magistrates Court / Town Police Clauses Act 1847 & Road Traffic Act 1988 / Total £455
£255 – Plying
£200 – No Insurance
+ 6 penalty points / £200
(£400 requested) / Pleaded guilty to two offences; one offence of plying for hire on Railway Road, Sutton Coldfield and one offence of consequently having invalid insurance.
LICENSING SIMPLE CAUTIONS
During the period of June and July 2014, 21 simple cautions have been administered.
Local Government (Miscellaneous Provisions) Act 1976
Section 48(6) Four cautions were issued for failing to display a private hire vehicle licence plate
Section 50 One caution was issued for failing to produce a certificate of insurance upon request
Section 50(3) One caution was issued for failing to report an accident to the Local Authority within 72 hours
Section 53 One caution was issued for being a Hackney Carriage Driver and refusing to drive to Hurst Street as directed by a passenger wishing to hire the Hackney Carriage
Section 54(2) Two cautions were issued for failing to wear a private hire driver’s badge in a manner as to be plainly and distinctly visible.
Section 48(6) & 54(2) Two cautions were issued for failing to display a private hire vehicle licence plate and for failing to wear a private hire driver’s badge in a 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
Two cautions 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 such a position as to be plainly and distinctly visible.
One caution was issued for failing to display a Hackney Carriage Identity Plate on the outside at the rear of the vehicle
Criminal Justices and Public Order Act 1994
Section 167(1) Two cautions were issued for soliciting persons to hire a vehicle to carry them as passengers
Licensing Act 2003
Section 57 & 136(a) One caution was issued for failing to display a summary of licence and breaching conditions of a licence.
Fraud Act 2006
Section 1 & 2 One caution was issued for making a false representation to West Midlands Police, namely that somebody else was driving their private hire vehicle to avoid possible legal proceedings in relation to a speeding offence
Birmingham City Council Act 1990
Section 6(1) Two cautions were issued for carrying on establishments for special treatments without a licence
ENVIRONMENTAL HEALTH CASES APPENDIX 2
/Penalty / Costs / Offence details
1 / David Mullen
61 Parkeston Crescent
Kingstanding
B44 0PD / 5/6/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £30 / None awarded
(£175 requested) / Pleaded guilty to one offence of dropping a cigarette butt on the pavement in Erdington High Street.
2 / Leanne Ray
2 Spruce Grove
Erdington
B24 9TB / 5/6/14 / 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 Church Road, Erdington.
3 / David Mosley
16 Bramble Close
Northfield
B31 1NH / 5/6/14 / 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 Church Road, Northfield.
4 / Sandeep Mahlr
91 Goldthorne Road
Wolverhampton
WV2 4PJ / 5/6/14 / 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 Church Road, Northfield.
5 / Vicky Kavanagh
Flat 11 Jubilee Court
43 Victoria Road
Acocks Green
B27 7XZ / 5/6/14 / 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 Warwick Road, Acocks Green.
6 / Paul James
24 Albert Road
Coventry
CV5 9AS / 5/6/14 / Birmingham Magistrates Court / Environmental Protection Act 1990 / £200 / £175