Agenda and minutes
modern.gov app available
View upcoming public committee documents on your iPad,
Android Device or
Blackberry Playbook with the free modern.gov app.
PDF 278 KBVenue: Committee Room 1, Town Hall, Chorley
Contact: Dianne Scambler Email: dianne.scambler@chorley.gov.uk
| No. | Item |
|---|---|
|
Apologies for absence Minutes: No apologies were received. |
|
|
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 interest. |
|
|
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. |
|
|
SECTION 61 OF THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 REPORT To consider the enclosed report of the Director of People and Places. Minutes: The Sub-Committee considered a report of the Director of People and Places to determine whether or not the driver was a fit and proper person to continue to hold his Private Hire Driver’s Licence under Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.
The application could only be determined by the General Licensing Sub-Committee as a result of the drivers failure to disclose information that is relevant for the determination of an application for a Private Hire Driver’s Licence resulting from the Group 2 Medical check. Members were reminded that failing to disclose information that is relevant for the determination of an application for a Private Hire Driver’s Licence is an offence under Section 57 of the Local Government (Miscellaneous Provisions) Act 1976. The hearing should satisfy officers whether it is or is not in the public interest to prosecute for this offence.
The driver first applied for his Private Hire Driver’s Licence on the 31 October 2007; he did not at that time complete a Group 2 Medical. He had continuously renewed his entitlement to his licence and he currently held a Chorley Council Private Hire Driver’s Licence which would expire on the 31 October 2014. The most recent renewal application had been made on the 31 October 2011. The Sub-Committee were provided with a copy of the application. It was evident from the completed application that the driver had not taken the opportunity of renewal to inform the Council of his medical condition relating to his eyesight. It would be reasonable to assume that the driver had full knowledge of his medical condition at the time of completing the application, as he had attended an out-patient’s clinic on the 18 October 2011. A letter referring to the outcome of the appointment was provided to the Sub-Committee.
On 4 February 2012 the driver was required to complete a Group 2 Medical in support of his Private Hire Driver’s Licence. A copy of the completed Group 2 Medical was provide to Members and the Public Protection Officer drew Members attention to the accompanying letter from Lancashire Teaching Hospitals detailing issues relating to the drivers vision.
The issues that had been raised in the medical had been referred to the Council’s Medical Advisor Dr Parker, who recommended that the following provisions were adopted by the Council in relation to the drivers Private Hire Driver’s Licence and stated that; “the driver’s visual acuity is within acceptable limits for driving. He should provide a copy of his ophthalmic clinic (review) letter in 9 months, or failing that he needs to provide an up-to-date eye examination and eye sight test (either from his GP or from a ophthalmic optician) before the end of this year. An ‘annual’ review of his eye-sight should be satisfactory, as long as he also understands his legal responsibility to inform DVLA and yourselves if he thinks his eye-sight is deteriorating”.
The driver did not attend the Sub-Committee due to an administrative error which confirmed the meeting was ... view the full minutes text for item 12.LSC.53 |