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 enable Members to determine whether the applicant was a fit and proper person to hold a Private Hire (PHD) and Hackney Carriage Driver’s (HCD) Licence.

The Lead Licensing and Enforcement Officer informed the Sub-Committee that the applicant was unable to attend the meeting due to his current work. The applicant contacted the council the week prior to the meeting when he first received a letter of employment indicating that he would be away with work. He provided the council with a letter of employment as evidence, which was circulated to Sub-Committee at the meeting. It was noted that the applicant had been fully engaged throughout and supported the process.

The Sub-Committee were also informed that the applicant had not received a copy of the committee report due to an administrative error meaning that the report was not successfully sent to his address. In light of this information, the Sub-Committee decided to consider the report in his absence.

In March 2017, an application for the grant of Private Hire and Hackney Carriage Driver Licences was submitted. It was noted that the applicant had not previously held a PHV and HCD Driver Licence with Chorley Council. Within the application the applicant declared that he had been convicted of two separate offences of assault and a traffic offence. Ordinarily, this motoring conviction in itself would not be of concern to the Council.

The applicant attended an interview with the Council at the beginning of June 2017 to discuss the application made and the circumstances of the convictions received. The council was also informed that the applicant had become a Born Again Christian.

In response to the Legal Officer the Lead Licensing and Enforcement Officer confirmed that there were no issues regarding notifying the council of any change of address considering the nature of the applicant’s job as his permanent base was in Chorley.

The Sub-Committee RESOLVED that the applicant was a fit and proper person to hold a Private Hire Driver Licence and Hackney Carriage Driver Licence under Section 51 and Section 59 of the Local Government (Miscellaneous Provisions) Act 1976 and that his application be granted for the following reasons;

1.    The more serious offences were historic and the rehabilitation periods in the Council’s policy on previous convictions had run their course.

2.    The motoring conviction in 2014 for speeding was considered a minor offence.

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 regarding an application to renew a Hackney Carriage Driver (HCD) Licence. Members were to determine whether or not the applicant was a fit and proper person to hold a Hackney Carriage Driver’s licence.

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

Prior to the start of the meeting, the Lead Licensing and Enforcement Officer received a letter from the licence holder’s  friends with regards to his character. This was circulated to the Sub-Committee at the meeting.

Officers received an application to renew a HCD Licence on 7 April. Council records indicated that the applicant had held a HCD licence with Chorley Council since at least April 1996. Further to the application, officers received a complaint from the Council’s Medical advisor in relation to the conduct of the applicant.

In April 2017, the applicant underwent a medical test and the results were submitted to the Council’s Medical Advisor as requested. In response, further clarification was sought as the test results provided were incorrect. The applicant presented suitable test results on 25 May 2017, the results were then forwarded to the Council’s Medical Advisor for consideration.

It was understood that the applicant had completed his medical test in good time however the delay due to doctor’s error meant that the applicant was unable to drive for a period as his HCD licence had expired. Following queries from the Legal Officer, the Sub-Committee were informed that this was the first time this error had occurred with the council’s Medical Advisor.

The applicant subsequently attempted to contact the Council’s Medical Advisor via his Secretary when he launched a series of harassing and abusive calls. In light of this unacceptable and unreasonable behaviour the Council’s Medical Advisor refused to assess the new medical information pending a response to his complaints raised.

The Regulatory Services Manager contacted the Council’s Medical Advisor informing him that the behaviour would be considered at the next General Licensing Sub-Committee. The Council’s Medical Advisor subsequently assessed the report and concluded that the applicant was medically fit to be issued with a licence on the proviso that a regular assessment be undertaken every 12 months.

It was suggested to Members that this provision be repeated thereafter until a total period of entitlement of three years was achieved and it was proposed that no additional fee be attached to this provision.

The applicant attended a meeting with the Licensing Officer to give an account of his actions. The applicant acknowledged that his actions and behaviour were not acceptable and expressed his apologies. He stressed that he had been a taxi driver for many years and had never had any complaints raised in regards to his behaviour. He made reference to some personal issues that were affecting him. The Licensing Officer was aware that the applicant was issued a fixed penalty notice on in December 2011 for smoking in a Hackney Carriage Vehicle.

In response  ...  view the full minutes text for item 17.LSC.123