Agenda and minutes

There were no apologies for absence.

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary 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.

No declarations of any interests were received.

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.

Report of the Director of people and Places (enclosed)

The Sub Committee considered a report of the Director of People and Places to determine whether a driver was a fit and proper person to hold a private hire driver’s licence under the Local Government (Miscellaneous Provisions) Act 1976.

The driver currently held a private hire driver’s licence PHD106 that had been issued by Chorley Council on 23 November 2010 and was set to expire on 6 December 2013.

The driver had reported a transient ischaemic attack (TIA) that had happened in March 2013, to the licensing department as per the conditions of his private hire driver’s licence. The details of the TIA had been forwarded to the Council’s medical consultant for further consideration.

As recommended by the Department of Transport (DFT) – “Taxi and Private Hire Vehicle Licensing – Best Practice Guidance” (March 2010) and approved by Members at a Licensing and Public Safety Committee in September 2010, all drivers in Chorley are required to be assessed against the Group II medical standards. Members noted that these were the same standards as applied by the DVLA to the licensing of lorry and bus drivers.

The DVLA Group II medical standards were also clear regarding the action to be taken following a TIA and Members were informed of the required guidance. Members noted that the response from the Council’s medical examiner echoed the guidance that the driver should have his licence revoked for one year. However, it was explained that there was no provision to revoke a licence for a specified period.

The driver and his wife attended the meeting to give his representations to the Sub Committee.

The driver explained that although he still held his private hire driver’s licence and badge, he had, as he had promised officers of the Council, not driven since the TIA. The driver stated that at the time of reporting his TIA to the Council he had tried to surrender his driver’s badge, but officers had told him to retain it. This had meant that he had effectively paid 8 months for a licence that he had not been able to use. The driver asked if he could be reimbursed for this period if his licence was revoked by the Sub Committee.

The driver also raised his concerns that if he were to have his licence revoked now; it would cost him nearly three times as much to apply for a new licence in April 2014, which would be 12 months after the TIA. The driver asked the Members to consider granting the renewal of his licence in December with a view to immediately suspending the licence until he was able to prove that he was fit to hold his licence again.

Members noted that the driver had been honest about his condition and had reported the TIA to the Council as was required to do so. He had also kept to his word and although he was still in possession of both his licence and his driver’s badge he had not driven  ...  view the full minutes text for item 13.LSC.25