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.

There were no declarations of any interest.

The Chair outlined the procedure that would be followed for 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 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).

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.

Report of the Director of Planning and Development attached.

On 2 March 2022 at 2:00pm, a sub-committee hearing was convened in respect of a review of the Hackney Carriage and Private Hire Driver Licence.

The members were Cllr Matthew Lynch (Chair), Cllr Mark Clifford, Cllr Tommy Gray, Cllr Alan Platt and Cllr Jean Sherwood. The Driver and his representative were also present.

The Enforcement Team Leader (Licensing) outlined the report and explained that the driver had been referred to the sub-committee because he had been convicted of an offence after the grant of his licence, taking him within the Council’s Safeguarding, Suitability and Convictions Policy for Taxi Licensing.

Members noted that the driver has held his licence for many years. Council records indicate that he first applied for a licence in 1995 but, due to convictions, this was refused. Sometime after this, the licence holder was granted a licence. However, due to the length of time, the Council records are not complete, and it is unclear when this was.

On his application in 2008, at the Sub-Committee hearing and his applications in 2009 and 2010, the licence holder failed to declare convictions between 1990 and 1996. As a result, the licence was reviewed by a General Licensing Sub-Committee in April 2012 and a decision was taken to issue a warning to make full disclosure when required to do so. Since this date, the licence holder had renewed his licence in the usual way and had not been subject to any enforcement action.

The Enforcement Team Leader (Licensing) explained that the licence holder received a notice under the single justice procedure on 21 December 2021 that he was being charged under SP30 – Exceeding statutory speed limit on a public road. The licence holder was travelling at 53mph in a 30mph zone on Lower Burgh Road, Chorley. The licence holder duly notified the Council on 22 December 2021. On 18 January 2022, the licence holder was convicted of the speeding offence and his driving licence was endorsed with 6 penalty points, he was ordered to pay a £458 fine, £45 victim surcharge and £90 costs.

The Enforcement Team Leader (Licensing) referred members to the Safeguarding and Suitability Policy and explained that when an offence is committed in relation to driving or operating a taxi, this should be viewed in a more serious light and a longer period of rehabilitation will be required.

He explained that the Council’s Policy stated that any minor traffic offence which results in 6 or more penalty points is treated as a major traffic offence. The policy states that a period of 2 years is required before the Council would grant a licence to an applicant with a conviction for a major traffic offence.

In response to a member enquiry, the Enforcement Team Leader (Licensing) replied  that the Council’s policy only referred to penalty points but there was an expectation that licencees would abide by speed limits. He explained that, according to the Sentencing Guidelines, the offence in question was in the highest band of seriousness.  ...  view the full minutes text for item 22.12