Agenda and draft minutes

General Licensing Sub-Committee - Wednesday, 15th January 2025 6.30 pm

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Venue: Committee Room 1, Town Hall, Chorley

Contact: Nina Neisser-Burke, Democratic and Member Services Officer  Email: nina.neisser-burke@chorley.gov.uk

Items
No. Item

24.11

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 on any interests.

24.12

Procedure pdf icon PDF 61 KB

The procedure for the meeting is enclosed.

Minutes:

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

24.13

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 involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972.

24.14

Review of a Hackney Carriage and Private Hire Driver Licence

To receive and consider the report of the Director of Property and Planning.

Minutes:

On Wednesday, 15 January 2025 at 6.30pm a General Licensing Sub-Committee was convened to consider the review of a Hackney Carriage and Private Hire Driver Licence. The Licence holder and his representative were present at the meeting.

 

Before the meeting commenced, the Licence holder’s representative provided the Sub-Committee with copies of two character references.

 

The Principal Licensing Officer was present at the hearing and presented the report of the Director of Property and Planning indicating that the matter had been referred to the Sub-Committee as the driver had a motoring conviction that had been obtained after the grant of the licence.

 

The Principal Licensing Officer explained that the Licence holder had been licensed for a number of years, with records appearing to indicate he was first licensed by Chorley Council in 2005. He renewed his licence in the usual way in 2006 but in 2007 failed to renew the licence. Correspondence was recorded stating that he had thought the renewal date was 25 April when, in fact, it was 18 April. He was subsequently granted a new licence and had continued to renew the licence in the usual way since.

 

A record of the Licence holder’s DVLA licence highlighted seven historic motoring offences from 1995 thorough to 2012. On 14 October 2023, the Licence holder reported a minor parking infringement to officers. The Licence holder admitted the offence and gave an explanation; he was given verbal advice and no further action.

 

In 2019, the Licence holder was issued with a formal warning for failing to comply with conditions to report two further motoring offences in 2018. He had declared the offences on his application to renew his licence but had not notified the Council at the time he received his fixed penalties, breaching Condition 2 of his licence

 

On 28 October 2024, the Licence holder informed the Council that, on 16 October 2024, he had been pulled over by Police on the M56 due to having been handling a mobile phone. Following the Council’s Safeguarding and Suitability policy, this was considered a major traffic offence.

 

The Principal Licensing Officer directed the Sub-Committee to the DfT’s Statutory Taxi and Private Hire Vehicle Standards to consider whether the Licence holder remained a “fit and proper person” when making their decision.

 

The Chair invited the Licence holder and his representative to make any representations to the Sub-Committee.

 

The Licence holder highlighted that his previous motoring offences were committed a long time ago and he had been a taxi driver for almost 25 years, delivering a Wheelchair Access service in Chorley. He reminded Members that he had previously been granted his Hackney Carriage licence from the council when he had 9 points on his DVLA licence. He recognised that he had made a mistake with his most recent conviction but had reflected on this.

 

In making his representations, the Licence holder’s representative recalled the events of the most recent conviction. The Licence holder was driving on the M56 after dropping passengers at Manchester airport.  ...  view the full minutes text for item 24.14

24.15

Review of a Hackney Carriage and Private Hire Driver Licence

To receive and consider the report of the Director of Property and Planning.

Minutes:

On Wednesday, 15 January 2025 at 6.30pm a General Licensing Sub-Committee was convened to consider the review of a Hackney Carriage and Private Hire Driver Licence. The Licence holder and his representative were present at the meeting.

 

Before the meeting commenced, the Licence holder’s representative provided the Sub-Committee with copies of two character references.

 

The Principal Licensing Officer was present at the hearing and presented the report of the Director of Property and Planning indicating that the matter had been referred to the Sub-Committee as the driver had a motoring conviction that had been obtained after the grant of the licence.

 

The Principal Licensing Officer explained that the Licence holder had been licensed for a number of years, with records appearing to indicate he was first licensed by Chorley Council in 2005. He renewed his licence in the usual way in 2006 but in 2007 failed to renew the licence. Correspondence was recorded stating that he had thought the renewal date was 25 April when, in fact, it was 18 April. He was subsequently granted a new licence and had continued to renew the licence in the usual way since.

 

A record of the Licence holder’s DVLA licence highlighted seven historic motoring offences from 1995 thorough to 2012. On 14 October 2023, the Licence holder reported a minor parking infringement to officers. The Licence holder admitted the offence and gave an explanation; he was given verbal advice and no further action.

 

In 2019, the Licence holder was issued with a formal warning for failing to comply with conditions to report two further motoring offences in 2018. He had declared the offences on his application to renew his licence but had not notified the Council at the time he received his fixed penalties, breaching Condition 2 of his licence

 

On 28 October 2024, the Licence holder informed the Council that, on 16 October 2024, he had been pulled over by Police on the M56 due to having been handling a mobile phone. Following the Council’s Safeguarding and Suitability policy, this was considered a major traffic offence.

 

The Principal Licensing Officer directed the Sub-Committee to the DfT’s Statutory Taxi and Private Hire Vehicle Standards to consider whether the Licence holder remained a “fit and proper person” when making their decision.

 

The Chair invited the Licence holder and his representative to make any representations to the Sub-Committee.

 

The Licence holder highlighted that his previous motoring offences were committed a long time ago and he had been a taxi driver for almost 25 years, delivering a Wheelchair Access service in Chorley. He reminded Members that he had previously been granted his Hackney Carriage licence from the council when he had 9 points on his DVLA licence. He recognised that he had made a mistake with his most recent conviction but had reflected on this.

 

In making his representations, the Licence holder’s representative recalled the events of the most recent conviction. The Licence holder was driving on the M56 after dropping passengers at Manchester airport.  ...  view the full minutes text for item 24.15