Agenda and minutes
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PDF 279 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 any 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: No declarations of any interest were made. |
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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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SECTION 57 & 61 OF THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 Report of the Director of People and Places (enclosed) Minutes: The Sub Committee considered a report of the Director of People and Places drawing Members attention to a number of convictions that had not been declared by a driver and asking them to consider whether to take any action under Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.
The driver had been required to apply for a Criminal Records Bureau (CRB) Disclosure on 21 November 2011; the Council had received the CRB Disclosure on the 9 January 2012 which identified four offences. It was also reported that the driver had a further offence for speeding for which he had been summoned to appear at Chorley Magistrates Court in 1996. Officers were concerned that the offences revealed had not been fully considered by the Council in line with the Councils Policy on Convictions as they had not been declared on the application form.
Members were informed that the driver had held Private Hire and Hackney Driver licences with the authority for a number of years, but has the Public Protection Officers did not have delegated authority to take any action against the driver, the matter had to be brought before the General Licensing Sub Committee for determination.
Member’s attention was drawn to applications made by the driver for the granting of Private Hire and Hackney Carriage Driver licences made on 27 November 2008 and further applications to renew those licences on 12 November 2009 and 23 November 2010, copies of which were appended to the report.
The driver had applied for a three year renewal of his Private Hire and Hackney Carriage Driver Licence on 23 November 2010. For this renewal the Council did not require a CRB disclosure as a previous one had been applied for on 27 November 2008 as a requirement for the application of the granting of Private Hire and Hackney Carriage Driver licences. Members were reminded that the Council have given CRB disclosures a three year life span during the provision of driver licences which does allow them to fall out of synchronisation of the renewal process. As officers were content that the driver had no outstanding matters that would frustrate the granting of the renewal of his licences at this time, the application was granted under delegated officer authority, as the application did not ask the applicant to recall all their convictions, just those received in the last 12 months. The licences were due to expire on 1 December 2013.
The Council records indicated that the driver had previously applied for Private Hire/ Hackney Carriage Drivers licence in April 1995, the application had been refused on this occasion, for reasons of driving and criminal convictions.
Officers had also identified a number of offences that the driver had not declared when given the opportunity to do so on two separate occasions when he had applied for the renewal of his licences.
The driver attended the meeting with his representative, to give representations at the meeting regarding the convictions and offered an explanation as to ... view the full minutes text for item 12.LSC.57 |