Agenda and minutes
Venue: Committee Room 1, Town Hall, Chorley
Contact: Philippa Braithwaite Email: firstname.lastname@example.org
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.
There were no declarations of interests received.
The Chair outlined the hearing procedure that would be used to conduct the meeting.
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.
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 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.
Determination of Application to Renew a Private Hire Driver's Licence
Report of the Director of Customer and Digital.
The Director of Customer and Digital submitted a report for the General Licensing Sub-Committee to determine whether the Applicant was a fit and proper person to hold a licence.
The Applicant and his representative were present at the Sub-Committee.
The meeting was adjourned for 15 minutes in order to consider late information tabled by the Applicant.
The Licensing Officer outlined the report, informing the Sub-Committee that the applicant had been convicted of a motoring offence resulting in more than 3 penalty points and failed to notify the Council within 7 days of his conviction, breaching a condition of his Private Hire Driver’s Licence.
The Licensing Officer advised that the applicant had held a private hire driver’s licence since 2005. This licence was reviewed in 2009 as he had failed to declare two convictions on his applications in 2008 and 2009. The Sub-Committee at that time decided to revoke the applicant’s licence, but this decision was the subject of a successful appeal.
On 5 December 2019, the applicant applied to renew his Private Hire Driver’s Licence. In this application he failed to declare the previous revocation of his licence and, although stating he had a penalty speeding fine, failed to include details of any previous or pending convictions.
Following enquiries regarding the circumstances of the speeding offence, the Licensing Officer advised that the applicant activated a speed camera whilst travelling at 44mph on a 30mph section of Rawlinson Lane, Chorley. This placed the offence in the middle band for seriousness, according to the sentencing guidelines. Members noted that the operator had confirmed the journey in question was not one with a customer.
In response to Members questions, the Licensing Officer advised that the need to declare convictions to the Council within 7 days was set out on the licence itself. With regards to assistance offered by the Council, it was noted that support was provided upon request but that it was the responsibility of the applicant to arrange this. In response to a follow up question, it was noted that the Licensing Officer was not aware of any assistance being requested in this case.
In response to questions from the applicant’s representative the Licensing Officer advised that, outside the information included in the report, there was nothing to her knowledge to suggest the applicant had done anything like this before.
The applicant’s representative addressed the Sub-Committee, referring to the statements circulated previously and tabled at the meeting. He advised Members that this had been the first time that the applicant, who had dyslexia, had renewed his licence without assistance. He also advised that the applicant was remorseful of his past and he had since maintained a clean record for many years. The applicant told the Sub-Committee that he had been a taxi driver for approximately 16 years with no complaints from the public or from taxi firms. He stated he had not been aware of the fine until it had reached the Magistrate’s Court as he had experienced family circumstances and ... view the full minutes text for item 20.45