Agenda and minutes

General Licensing Sub-Committee - Wednesday, 4th December 2013 2.00 pm

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Venue: Committee Room 1, Town Hall, Chorley

Contact: Dianne Scambler  Email: dianne.scambler@chorley.gov.uk

Items
No. Item

13.LSC.26

Apologies for absence

Minutes:

There were no apologies for absence.

13.LSC.27

Declarations of Any Interests

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.

Minutes:

There were no declarations of any interests.

13.LSC.28

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.

13.LSC.29

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 to determine whether a driver was a fit and proper person to hold both a Private Hire and Hackney Carriage Drivers licences.

 

The Council’s Public Protection Officer outlined the report and informed the Sub Committee that officers had received an application from the driver on 30 September 2013. At the time the application was made officers advised the driver that it was likely that his application would be referred to the General Licensing Sub Committee for determination as his previous Private Hire and Hackney Carriage Drivers Licences had been previously revoked.

 

The driver first applied to Chorley Borough Council for a Private Hire Drivers Licence in 2003. The drivers’s licence history from that time had caused the Council a disproportionate amount of enforcement action in comparison to other holders of comparable licences.

 

At a special meeting of the full Licensing Committee held in 2010, Members determined to revoke the driver’s Private Hire and Hackney Carriage Drivers licences and the Sub Committee’s attention was drawn to the details of that report, containing the drivers licensing history to that point.

 

The driver had provided a DSA Hackney Carriage/Private Hire Test Assessment Pass Certificate, a Completed Date Protection Mandate and a copy of his DVLA Drivers Licence that showed two convictions, of which only one was relevant to be considered under the Councils Statement of Licensing Policy. The driver had successfully completed the Council’s Medical and Knowledge test and the appropriate fee had been received.

 

Officers were aware that the driver holds Hackney Carriage Vehicles licensed at other authorities and also a Private Hire Vehicle licensed with Chorley Borough Council on a joint proprietorship with a Chorley licenced operator and the Sub Committee received details in respect of relevant licensing issues that had been dealt with by these authorities.

 

The driver made representations to the Sub Committee and gave explanations for the issues detailed within the report. The driver stated that his vehicle is always clean and tidy, was correctly insured and that he was a honest person. The driver also stated that he was well known in the area of Chorley; people knew him by name and asked to use his transport. The driver admitted that there had been problems in the past; he had been responsible for the management and maintenance of 17 vehicles, along with an operating base. It had not been an easy job to do and had become too much for him. The driver said that he was sorry for the past and that he had learnt from his mistakes and would do better in the future.

 

Councillor Daniel Gee left the meeting at 3.15pm.

 

Having considered all the relevant information that had been heard at the meeting, the Sub Committee RESOLVED to grant the driver with a Private Hire Driver’s Licence and a Hackney Carriage Driver’s licence for the following reasons:

1.    Since the appeal decision in 2010, the driver had demonstrated, he had  ...  view the full minutes text for item 13.LSC.29