Agenda, decisions and minutes

Apologies for absence were submitted on behalf of Councillors David Dickinson and Mrs Stella Walsh.

Members are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda. If the interest arises only as result of your membership of another public body or one to which you have been appointed by the Council then you only need to declare it if you intend to speak.

If the personal interest is a prejudicial interest, you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

In accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and Members Code of Conduct, Councillors Margaret Lees and Ralph Snape declared a personal interest in relation to Item 5 on the agenda.

The minutes of the meeting of the Licensing and Safety Committee held on 16 January 2008 (enclosed). 

RESOLVED – That the Minutes of the meeting of the Licensing and Safety Committee held on 16 January 2008 be confirmed as a correct record and signed by the Chairman.

To consider the exclusion of the press and public for the following items of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972.

RESOLVED – That the press and public be excluded from the meeting for the following item on the ground that it involves the likely disclosure of exempt information as defined in Paragraph 4 of Part 1 of Schedule 12A to the Local Government Act 1972.

Report of the Corporate Director of Governance (enclosed). 

– 1) That the Licensing and Safety Committee took a very serious view of his failure to abide with the Council’s Hackney Carriage Byelaws 16 and 17, however after careful consideration of his representations it was agreed that the Hackney Carriage Driver be allowed to continue to drive in Chorley and a letter be sent informing him that his conduct must be exemplary and should there be any further concern or complaint he be brought back to a meeting of this Committee.

2) That the Licensing and Safety Committee considered carefully the representations made and acknowledged that the Hackney Carriage driver had

accepted that he had misjudged the situation, down to his pure ignorance, and

had handled the situation badly. He further accepted that he was totally responsible for the item left in his vehicle and made representations that there

would be no further breaches of conditions.

(Councillors Margaret Lees and Ralph Snape declared a personal interest in the following item and left the room during the discussion and voting).

The Committee received a report of the Corporate Director of Governance requesting Members to consider whether or not a licensed Hackney Carriage driver was a fit and proper person to continue to hold a Hackney Carriage Driver’s Licence under Section 51 of the Local Government (Miscellaneous Provisions) Act 1976.

The report indicated the circumstances surrounding a passenger in the hackney carriage leaving an overnight bag in his vehicle containing clothes and a camera during a journey from Chorley to Preston Railway Station.

The owner of the property had made contact with the Council regarding the overnight bag and from the description given the Council’s Licensing and Enforcement Officer had identified the Hackney Carriage driver.

It was explained that the Hackney Carriage driver had not acted in a manner expected of a duly authorised Hackney Carriage driver and he had clearly breached the conditions contained in Hackney Carriage Byelaws 16 and 17.

The driver attended the meeting to make representations and answered questions from members of the Committee.

RESOVLED – 1) That the Licensing and Safety Committee took a very serious view of his failure to abide with the Council’s Hackney Carriage Byelaws 16 and 17, however after careful consideration of his representations it was agreed that the Hackney Carriage Driver be allowed to continue to drive in Chorley and a letter be sent informing him that his conduct must be exemplary and should there be any further concern or complaint he be brought back to a meeting of this Committee.

2)  That the Licensing and Safety Committee considered carefully the representations made and acknowledged that the Hackney Carriage driver had accepted that he had misjudged the situation, down to his pure ignorance, and had handled the situation badly.  He further accepted that he was totally responsible for the item left in his vehicle and made representations that there would be no further breaches of conditions.