Agenda and minutes
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PDF 278 KBVenue: Committee Room 1, Town Hall, Chorley
Contact: Dianne Scambler Email: dianne.scambler@chorley.gov.uk
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Apologies for absence Minutes: No apologies for absence were received. |
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Declarations of Any Interests 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. Minutes: There were no declarations of any interest. |
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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 4 of Part 1 of Schedule 12A to the Local Government Act 1972. Minutes: RESOLVED – That the press and public be excluded from the meeting for the following items of business on the ground that they involve the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of schedule 12A of the Local Government Act 1972. |
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Revocation of Hackney Carriage Drivers Licence To consider the enclosed report of the Director of People and Places. Minutes: The Sub Committee met to consider the revocation of a Hackney Carriage Driver Licence under section 61 of the Local Government (Miscellaneous Provisions) Act 1976.
The Council’s legal representative explained that the recommendation was now for a refusal of an application to renew a Hackney Carriage Driver Licence under section 61 of the Local Government (Miscellaneous Provisions) Act 1976.
Before the start of the hearing the applicant’s representative, told the Committee that the applicant had withdrawn his application for the renewal of a Hackney Carriage Driver Licence and did not think that the meeting should go ahead as there was nothing for the Sub Committee to determine.
The applicants representative showed the Chair a copy of the withdrawal letter, dated 4 November 2011, asking for the application to be withdrawn with immediate effect and asking for a refund of the application renewal fee. The Chair confirmed that all Members of the Committee had received a copy of this letter at the meeting.
The Council’s legal representative explained to Members that in light of this information, Members needed to determine if they accepted the withdrawal of the application and whether to refund the application renewal fee that had been requested.
The Chair requested an update from the Council’s Public Protection Officer who confirmed the change in the decision for Members and provided some additional information which was circulated at the meeting.
Members carefully considered the representations from the applicants representative and the Public Protection Officer and RESOLVED that: 1. It be acknowledged that the application had been withdrawn and there was no formal determination by Members to make in relation to the application. 2. Members commented that had the applicant proceeded with his application for a Hackney Carriage Drivers Licence, that they would have been minded to refuse because he had been convicted of a very serious offence against a passenger in his taxi. 3. Members requested that the Licensing Unit keep an appropriate record in relation to their comments above. 4. Members also RESOLVED not to refund the application fee to applicant on the following grounds: • It is Council Policy not to refund application fees; • Applicants understand that fees are payable upon application and are non refundable; • An Application fee can reasonably be considered part of the cost of running a business; • It is unfair that Council Tax payers bear the cost of licensing the taxi trade and associated enforcement. Members noted that the applicant had withdrawn his application after considerable officer time had been spent in preparing the report and that he would have been aware in March when he submitted his application that it would have to go before the Sub Committee. |