Agenda and minutes

Apologies for absence were received from Councillors Stella Walsh and Magda Cullens.

Members are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda. If the interest arises only as result of your membership of another public body or one to which you have been appointed by the Council then you only need to declare it if you intend to speak.

If the personal interest is a prejudicial 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 interest submitted for any of the agenda items by any of the Sub-Committee Members.

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 4 of Part 1 of Schedule 12A to the Local Government Act 1972.

RESOLVED – that the press and public be excluded from the meeting 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.

To receive and consider a report from the Corporate Director (Neighbourhoods) (enclosed).

The Sub-Committee considered a report of the Corporate Director of Neighbourhoods seeking instruction on an application for a licence to drive hackney carriage/private hire vehicles.

The Council’s adopted policy stated that applicants for a hackney carriage/private hire drivers’ licence should have a minimum of 3 years driving experience as the holder of a full UK driving licence.  The applicant had held a full UK drivers licence since 6 September 2008, therefore the applicant did not meet the criteria and consequently under normal circumstances would not qualify for a drivers’ licence.

The applicant attended the meeting to put forward representations in support of the application, and gave a detailed account of his driving experience since entering the UK. 

After a lengthy discussion in which careful consideration of all the relevant factors was given, especially the applicant’s driving experience, the lack of any criminal convictions, and offer of employment, the Sub-Committee RESOLVED – that the application for a hackney carriage/private hire drivers’ licence be granted.

To receive and consider a report from the Corporate Director (Neighbourhoods) (enclosed).

The Sub-Committee considered a report of the Corporate Director of Neighbourhoods seeking instructions on an application for a licence to drive private hire vehicles.

The application could only be determined by the Sub-Committee as the applicant had revealed a number of convictions and a medical condition that was relevant to the DVLA Group 2 Medical Conditions.

The applicant attended the meeting to put forward representations in support of his application. 

Members of the Sub-Committee heard an account of the circumstances that led up to both convictions, which took place before the year 2000, for which the applicant expressed his remorse.

In relation to the applicant’s medical condition, Members of the Sub-Committee were advised that the applicant had a medical condition relating to insulin treated diabetes and was under the supervision of the specialist diabetes unit at Wrightington, Wigan and Leigh Royal Albert Edward Infirmary.  The applicant had managed his condition himself for the last 26 years, and had given a written undertaking with regard to his diabetic management.

The Sub-Committee considered all relevant factors, including the applicant’s criminal convictions, his medical condition and the offer of a job opportunity.

Members of the Sub-Committee had expressed their concern that the consultant’s report had not given a clear indication of the applicant’s fitness to drive a private hire vehicle.  Members of the Sub-Committee also expressed reservations that the applicant’s convictions had both been alcohol related.  Members did however accept that the convictions had been some time ago.

After considering all the information available to them, the Sub-Committee did not feel in a position to make a decision on the application, and elected to defer the decision until the next Sub-Committee on 2 December 2009.  In the meantime the Sub-Committee asked the applicant to gain further clarity from his consultant, as to his fitness to drive a private hire drivers’ licence.  It was intended that this information will be presented to the next meeting for consideration, after which a decision will be made.