Agenda and draft minutes

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Venue: Lancastrian, Town Hall, Chorley

Contact: Coral Astbury  Email: coral.astbury@chorley.gov.uk

Items
No. Item

21.5

Declarations of Any Interests

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

 

If you have a pecuniary 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.

Minutes:

There were no declarations of interest.

21.6

Procedure pdf icon PDF 98 KB

Minutes:

The Chair outlined the procedure that would be followed at the hearing.

21.7

Exclusion of the Public and Press

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.

 

By Virtue of Paragraph 1: Information relating to any individual.

Condition:

 

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

 

 

Minutes:

Resolved:

 

That the press and public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972

 

21.8

Review of a Private Hire Driver Licence - TF

Report of the Director of Planning and Development attached.

Additional documents:

Minutes:

On the 13 December 2021, a sub-committee hearing was convened in respect of a review of a Private Hire Driver Licence.

The members were Cllr M Lynch (Chair), Cllr Mark Clifford, Cllr Terry Howarth, Cllr Jean Sherwood and Cllr Christine Turner. The Driver and his representative were also present.

 

The meeting began at 18:45 to provide time for the sub-committee to consider two letters of support which had been provided by the driver and his representative shortly before the meeting.

 

The Enforcement Team Leader (Licensing) outlined the report of the Director of Planning and Development and explained that the driver had been referred to the sub-committee because  his DVLA licence had been endorsed with penalty points after the grant of his licence and had failed to notify the Council in writing within seven days, breaching condition two on his private hire driver licence (PHD). Members were asked to determine if the driver was still considered to be a fit and proper person to retain his licences.

 

Members noted that the driver had been a licence holder since 2005 after having his licence granted by a Sub-Committee as he had convictions ranging from 1998 to 2001. The licence was reviewed by a Sub-Committee on 4 February 2009 as the driver had been convicted in 2006 for possessing a controlled drug and being drunk and disorderly. The driver had failed to declare these convictions when renewing his licence in 2008 and 2009. When asked by Officers about the convictions, the driver had provided correspondence and stated the following:

 

“In response to not declaring my conviction, the 1st time I renewed my badge I thought the police would be informing the council so I didn’t think I needed to and 2nd time I thought I only had to declare if I’d any convictions in the last 12 months. I now realise that I was at fault by not declaring my convictions and I can only apologise for this and ensure I was not done intentionally”.

 

The Enforcement Team Leader (Licensing) explained that the driver had his licences revoked by the Sub-Committee in 2009 but successfully appealed this decision and was granted his licences by the Magistrates’ Court. On 5 February 2020 his licence was again reviewed by the Sub-Committee in relation to the driver committing a speeding offence. The driver was found to have breached condition two of his licence and failed to declare the speeding offence to the Council in writing within seven days. The council were only made aware of the offence upon the renewal of the licence. The Enforcement Team Leader (Licensing) advised that the driver had been convicted of a further speeding offence on 13 June 2021 and now had 7 penalty points on his licence and that he had failed to inform the Council, again breaching Condition 2 of his private hire driver licence. 

 

Members were requested to consider the Council’s safeguarding policy, the DFT Statutory Guidance and the Council’s taxi policy and the fit  ...  view the full minutes text for item 21.8