Agenda and minutes

There were no apologies for absence received.

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.

None of the Sub-Committee Members declared an interest in any of the item for discussion on the meeting’s agenda.

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 grounds 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.

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

The Sub-Committee considered a report of the Corporate Director of Neighbourhoods seeking instructions on an application for a Private Hire Drivers Licence.

The Council’s adopted policy states that applicants for a private hire vehicles driver’s licence should be over 21 years and have at least 3 years driving experience as the holder of a full driving licence.  Although the applicant was over the age of 21 he had only held a full driving licence since 29 April 2008.  Consequently under normal circumstances, he would not qualify for a private hire driver’s licence.

The applicant advised Members that since he had passed his driving test he had driven approximately 20,000 miles.  His father advised Members that his son had a vehicle ready in his own name, and if the licence was granted, he would be employed in a family run taxi business.  The applicant would be expected to drive a few nights each week, and that he was aware of the responsibilities associated with driving a private hire vehicle. In addition the applicant’s father informed Members he was currently arranging for all his drivers, including the applicant, to undertake the NVQ Course relevant to taxi licensing.

The Sub-Committee considered all aspects of the application, including the representations of the applicant and his father; driving experience; the fact that the Applicant has passed the knowledge test and the statement of the Council’s adopted Policy.

The Sub-Committee RESOLVED:- to grant a Private Hire Drivers Licence as they had been satisfied that applicant was a fit and proper person to hold a driver’s licence.

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

The Sub-Committee considered a report of the Corporate Director of Neighbourhoods seeking instruction on the renewal of a hackney carriage drivers’ licence.

The applicant first applied for a hackney carriage driver’s licence on 24 November 2005.  At this time the applicant had failed to declare relevant driving convictions, although a copy of his driver’s licence, which was produced at the same time, indicated that he did have a number of driving convictions.  A copy of the applicants driving licence produced at the time of his original application was annexed to the report for the Committee’s consideration. The original application for a hackney carriage driver’s licence for Chorley Council had been successful and a licence was granted on 31 January 2006.

The applicant had also held a hackney carriage drivers licence issued by Preston City Council.  On 13 October 2005 Preston City Council suspended his licence in response to complaints that the applicant routinely charged a higher tariff.

On 8 March 2006 the applicant appeared before the Licensing and Safety Committee at Chorley Council for failure to disclose that his licence had been suspended.  The Committee resolved that the applicant could continue to drive his hackney carriage in Chorley and issued him with a warning by letter dated 13 March 2006, a copy of which was attached to the Committee report.

On 17 December 2008, the applicant reported to Chorley Council offices to renew his hackney carriage licence.  At this time, as part of routine questions, the Licensing Enforcement Officer asked if the applicant had ever been refused a licence to drive a hackney carriage or private hire vehicle, or had a licence suspended or revoked. The applicant became agitated, and after speaking to his wife in his own language, they both left the office.

Officers later became aware that the applicant had appeared before Preston City Council Taxi and Miscellaneous Sub-Committee on 11 December 2008.  On that occasion members of the Sub-Committee at Preston City Council resolved to revoke his licence with immediate effect.  Preston Magistrates Court upheld the decision of the Committee at an appeal heard on 8 April 2009, and the appeal was dismissed.

A CRB check, which the applicant completed as part of the licence renewal application on 10 June 2009 revealed relevant driving convictions. The applicants licence was endorsed and he was disqualified from driving for 6 months.

The applicant, accompanied by this wife and legal representative attended the meeting to put forward representations urging the Sub-Committee to renew his hackney carriage licence.

The applicant’s legal representative explained that the applicant had been confused when he filled in his original application form and that it had not been a deliberate attempt to deceive the Licensing Officers, particularly as the application was supported with a copy of his driving licence which had a record of all driving offences. It was accepted that the Applicant failed to disclose his convictions on the November 2005 application form. The Applicant’s legal representative confirmed that the convictions were revealed to Preston  ...  view the full minutes text for item 5.