Agenda and minutes

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.

No declarations of any interests were received for any of the items on the agenda.

The Chair outlined the hearing procedure that would be used to conduct the meeting.

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 4 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).

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

Report of the Director of Early Intervention and Support (enclosed).

The Director of Early Intervention and Support submitted a report to inform Members of the suspension with immediate effect of Private Hire (PHD) and Hackney Carriage Driver (HCD) Licences. Members had originally been invited to consider the contents of the report and determine the suspension/revocation of the PHD and HCD licences under Section 61 (2b) of the Local Government (Miscellaneous Provisions) Act 1976.

The Licence Holder attended the meeting to make his representations to the Sub-Committee through his solicitor.

The Lead Licensing and Enforcement Officer informed Members that subsequent to the report being published the Council had received a notice of appeal by the Licence Holder against the suspension of his driver licences with immediate effect made under officer delegated powers. As a result, the continued suspension or otherwise of both driver licences was subsequently in the hands of the magistrates’ courts subject to its powers. The Licence Holder’s solicitor did not object to the hearing going ahead.

Members acknowledged that the appeal lodged at the magistrates’ court meant that the issue of the suspension or otherwise of the Private Hire Driver Licence and Hackney Carriage Driver Licence was now out of the hands of the Sub-Committee. However, Members considered that based on the officer report and any representations which the Licence Holder and his solicitor may make that they could reach a view on whether they were satisfied that the Licence Holder was a fit and proper person. This would inform their view on whether to support officers in resisting the appeal or whether the appeal should not be opposed and any application for renewal be granted.

On 20 February 2017, Lancashire Constabulary informed Council Officers of the arrest of the Licence Holder on 17 February for assaulting a female child passenger in a licensed Chorley Private Hire vehicle. The Licence Holder was suspended from driving Hackney Carriage and Private Hire vehicles with immediate effect on the same day under the Local Government (Miscellaneous Provisions) Act 1976.

The Council’s records indicated that the Licence Holder had held both his HCD and PHD Licences since August 2008. During this time, there was no record that the Licence Holder had previously come to the attention of officers.

The Licence Holder was invited to attend an interview at the Council offices in February 2017 to offer his account of the allegations that had been made against him. The Licence Holder responded through his solicitor who was in attendance with him at the meeting. Following his solicitor’s advice, the Licence Holder did not answer officer’s questions at that time and alternatively chose to provide a written statement in response to the complaint.

The Licence Holder was arrested on suspicion of a Section 39 assault on the young girl. He was interviewed by Lancashire Constabulary, where through his solicitor, gave a prepared statement in which he provided a detailed account of the events. He then gave a no comment answer to the remaining questions. This was not deemed conducive to ascertaining the facts of  ...  view the full minutes text for item 17.LSC.110

Report of the Director of Early Intervention and Support (enclosed).

The Director of Early Intervention and Support submitted a report to the General Licensing Sub-Committee to enable Members to determine whether the applicant was a fit and proper person to hold a Private Hire and Hackney Carriage Driver’s Licence.

The applicant attended the meeting to make his representations to the Sub-Committee along with his representative.

In October 2015, the applicant submitted a piecemeal application for the grant of a Private Hire (PHD) and Hackney Carriage (HCD) Drivers Licence to the Council. The applicant declared one motoring conviction and failed to disclose a further two convictions that appeared on this DVLA licence, and failed to declare a number of historic offences. The applicant declared two historic convictions but failed to disclose a number of other historic convictions which were identified from his Disclosure and Baring certificate. The applicant’s DVLA Group II Medical identified a medical condition that required further consideration.

The applicant previously held HCD and PHV Driver Licences with Chorley Council from October 2003 to September 2014, before these licences were allowed to lapse. The applicant previously appeared before Members to have a number of Hackney Carriage and Private Hire Driver Licence non-compliance and criminal convictions considered in 2003, 2006 and 2012. The decisions at these committees included strong warnings as to future conduct and failure to declare any convictions.

In the applicant’s present application he declared one motoring conviction which was of concern to the Council, as his DVLA Driver Licence identified 3 current offences totalling 6 penalty points. The applicant also had a number of historic offences, ranging from 2001 to 2011 that had now been removed from his DVLA driver record. The sub-committee expressed concern that the applicant had a history of failing to notify the Council of the offences as he had a legal obligation to do so.

It was noted to members that the matters considered at the aforementioned sub-committee meetings were taken prior to the council’s adoption of its present Safeguarding, Suitability and Convictions Statement of Policy for Taxi Licensing adopted in November 2015. As this was an application for a grant of a PHD and HCD Licence and all of the convictions that the applicant failed to disclose as identified in his Disclosure and Baring certificate and DVLA driver history fell within the Council’s Safeguarding, Suitability and Convictions Statement of Policy for Taxi Licensing, they were required to be considered under this policy as a result.

There was no record within the applicant’s licensing history that he did suffer or had any health issues. However, the medical supplied as part of the current application was referred to the Council’s DVLA Group II Medical Consultant due to items on the medical requiring further assessment and clarification against the Group II standards. This identified a medical condition that had not previously been disclosed to the Council when required. Members were made aware that the Council had adopted different procedures in recent times which ensured that applicants and licence holders consulted with the Council’s own Medical  ...  view the full minutes text for item 17.LSC.111