Agenda and draft minutes

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Venue: Council Chamber, Town Hall, Chorley

Contact: Charlotte Lynch  Email: charlotte.lynch@chorley.gov.uk

Items
No. Item

20.54

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:

None.

20.55

Procedure pdf icon PDF 97 KB

Minutes:

The procedure that would be used to conduct the meeting was noted.

20.56

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 (Unanimously):

 

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.

20.57

Determination of Application for the Grant of a Private Hire and Hackney Carriage Driver Licence- SA

Report of the Director of Planning and Development

 

Minutes:

The Director of Planning and Development submitted a report for the General Licensing Sub-Committee to determine whether the applicant was a fit and proper person to hold a hackney carriage and private hire driver licence.

 

Mr Nathan Howson (Enforcement Team Leader – Licensing) presented the report  and advised members that the applicant was before them due to convictions which fell within the council’s policy and a licence history which was relevant in determining the application.

 

Members were reminded that the applicant had previously held both private hire and hackney carriage driver licences, but these had been revoked by a separate General Licensing Sub-Committee in August 2018. The applicant’s operator licence was also revoked in June 2019.

 

The applicant had appealed both of these decisions individually and the appeals were subsequently dismissed by Preston and Burnley Magistrates’ Courts.

 

Following a complaint that the applicant had used an unlicensed vehicle and without the proper operator licence, the Council prosecuted the applicant and he was subsequently convicted of the following offences:

 

Section

Description

Disposal

S. 46 (1)(a)

Using a vehicle as a private hire vehicle without a licence

£1000 fine

£3500 Council costs

£100 Victim Surcharge

S. 46 (1)(i)

Operating a vehicle as a private hire vehicle without a licence

No separate penalty

S. 46 (1)(ii)

Operating a vehicle as a private hire vehicle where the driver doesn’t hold a licence

No separate penalty

 

An application for a new private hire and hackney carriage driver licence was submitted on 11 August 2021 and the relevant information was provided.

 

The sub-committee was reminded that, where an applicant has more than one conviction within the 5 years preceding the date of application, a licence would normally be refused.

 

In response to member queries, Mr Howson confirmed that the applicant acted in the capacity of a call handler when he used an unlicensed vehicle to undertake a private hire job and that, although the call was taken through the operator’s business, the applicant had made the decision to drive an unlicensed vehicle as an unlicensed driver himself.

 

Mr Howson also confirmed that there had been no complaints made to the Council since the applicant had been employed by a local taxi firm.

 

In accordance with the hearing procedure, the applicant was given the opportunity to make representations to the panel and to ask questions to Mr Howson.

 

The applicant stated to the sub-committee that he had supplied a good service in the 18 years that he had been licensed but acknowledged that two events in his personal life had significantly affected him emotionally.

 

He recognised that his conduct was wrong and led to him not being fit and proper to hold a licence at that time. However, assurances were provided to the panel that he had taken significant steps to rehabilitate and that he was confident in his ability to drive taxis again safely and competently.

 

As he did not hold an operator’s licence, the applicant felt that he would no longer feel  ...  view the full minutes text for item 20.57