Agenda and draft minutes

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Venue: Committee Room 1, Town Hall, Chorley

Contact: Philippa Braithwaite  Email: philippa.braithwaite@chorley.gov.uk

Items
No. Item

19.29

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 interests received.

19.30

Procedure pdf icon PDF 47 KB

General procedure points and hearing procedure for the meeting.

Minutes:

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

19.31

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.

19.32

Determination of Application for the Grant of a Private Hire Operator's Licence

Report of the Director of Customer and Digital.

Additional documents:

Minutes:

The Director of Customer and Digital submitted a report for the General Licensing Sub-Committee to determine whether the applicants were fit and proper persons to hold a Private Hire Operator licence.

 

One of the applicants was present at the Sub-Committee alongside his colleague. The second applicant was not present.

 

Members noted the history of the premises, that a private hire operator’s licence had been held by a number of different proprietors at this premises for many years, with licensing records going back to 2000.

 

A licence was granted on 23 September 2013 which was due to expire on 22 September 2014 but, prior to its expiry, was surrendered. On the same day of its surrender a new private hire operator’s licence was granted to which was due to expire on 16 July 2018. Again, prior to its expiry, on 27 June 2018 the licence was surrendered. On the same day as the surrender, a new private hire operator’s licence was granted to. This licence was due to expire on 27June 2023.

 

On 19 June 2019, the General Licensing Sub Committee reviewed this licence and determined to revoke the licence as they decided the licence holder were no longer fit and proper persons to hold the licence. The appeal against this decision is due before the Magistrates’ Court on 11 November 2019.

 

Members heard that on 3 July 2019, an individual named on the revoked licence attended the Council offices and made an application for a Private Hire Operator’s Licence with the two applicants for today’s hearing named as the proprietors of the licence. Officers made a request for further information in relation to this application on 30 July 2019 and again on 3 September 2019 after a lack of response.  The requested information was then provided by the applicant on 16 September 2019, and the Licensing Officer highlighted that the signature did not appear to match the one on the licence application.

 

On 26 September 2019, officers arranged to interview the two applicants at the Council Offices regarding their application. The Licensing Officer highlighted that at this interview the applicant present today admitted that the individual named on the revoked licence had completed the application form on his behalf and that that individual would provide help as he was an experienced operator and knew the business well. The applicant confirmed that he and the other applicant had paid a deposit for the takeover of the business and that the final amount would be paid if the licence application was successful.

 

In response to Members’ questions, the Licensing Officer stated that this application had been brought to the Sub-Committee owing to the relationship between this business and the previous business where the Private Hire Operator’s Licence had been revoked. He advised that the appeal against that revocation had no bearing on today’s decision.

 

The applicant queried whether the Council held any complaints, reports or negative information on him as a taxi driver from the past 35 years for which he’d held  ...  view the full minutes text for item 19.32