Agenda and minutes

No apologies were received.

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.

There were no declarations of any interests.

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.

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 consider whether a driver was a fit and proper person to hold a Private Hire and Hackney Carriage Drivers Licence.

On 11 November 2013, officer’s had received an application made under section 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 for the granting of a private hire and hackney carriage drivers licence. The application could not be determined by officer delegated authority, as the driver had an offence that was recorded against him relating to his employment as a private hire base operator.

On 7 April 2014, the Chair of the Licensing and Public Safety Committee, decided that the General Licensing Sub Committee should determine the application, due to the nature of the conviction recorded against him.

The applicant had first made an application for a Private Hire/Hackney Carriage Drivers licence in 2004, where he had simultaneously held a Hackney Carriage Drivers Licence with Burnley Council. His previous Chorley Council Private Hire/Hackney Carriage licenses appeared to have expired in 2008.

Members were informed that the applicant had satisfactorily completed the Council’s Knowledge Test and DSA Driver Assessment. His DVLA Group 2 Medical had been referred to Dr Parker who made comments on the 1 April advising that although he was presently fit to drive he needed to keep the Council informed as to any changes regarding his diabetes medication and that he should see an optician for a review of his glasses.

Members also noted the applicant had not declared a conviction on his application as he had been required to do so. The applicant had received a police caution for the offence of: Send by Communication Network Offensive/Indecent/Obscene/Menacing Message or Matter in 2012

Officers had interviewed the applicant regarding the matter and Members were informed as to the explanation that had given. The applicant had admitted that by means of a mobile phone he had inappropriately used the contact details of a female customer of the taxi operator whom he worked for to send obscene messages using words of a sexual nature. Although officers had requested further information regarding the matter from Lancashire Constabulary, nothing had yet been received to date. The applicant had also received a number of driving related convictions in the past that had not been declared on his application.

The applicant attended the Sub Committee meeting along with his current employer and his representative.

The Sub-Committee asked questions of the applicant, his employer, representative and the Council’s licensing officer regarding matters contained within the report.

The applicants employer, spoke in support of the applicant and stated that although the caution had been received using information from his company’s records, the incident had been totally out of character and that he considered that the applicant totally understood his actions were not acceptable and that he would trust him not to do anything like that again.

The incident had happened at a period in the applicant’s life when he had  ...  view the full minutes text for item 14.LSC.4

Report of the Director of People and Places (enclosed)

The Sub Committee considered a report of the Director of People and Places drawing Members attention to an application that had been received under Section 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 for the granting of a Private Hire and Hackney Carriage Driver’s Licence.

The driver had applied to the Council on 20 January 2014 for the granting of a Private Hire and Hackney Carriage Driver’s licence. The driver had completed the Council’s medical, knowledge test and DSA Driver Assessment and held a full valid DVLA Driver’s licence which detailed no current endorsements.

However, his Disclosure and Barring Service had revealed the following offence:

In November 2008, the driver was convicted at Preston Crown Court for: Using Threatening, Abusive, Insulting Words or Behaviour with intent to cause fear or provocation of Violence on 16 May 2008 under the Public Order Act 1986 S. 4(1)(A) and for Common Assault on the 16 May 2008 under the Criminal Justice Act 1988 S.39, disposal by way of a Conditional Discharge 18 months concurrent for both offences.

In addition to the recorded offence the Chief Police Officer had used his discretion to disclose information he believed to be relevant to the application which was disclosed to the Members of the Sub Committee.

Members noted that the driver had previously held a Hackney Carriage and Private Hire Driver’s Licence with this authority, first issued on 10 October 2003 in respect of his Private Hire Driver’s Licence and secondly on 1 October 2007 in respect of the Hackney Carriage Driver’s Licence. It was accepted that the driver had worked and was involved in a family business in Chorley and had held a number of Private Hire Vehicle Licences.

At a meeting of the General Licensing Sub Committee on 7 January 2009, the driver had had his licences revoked and a copy of the report and decision was contained within the report for Members’ attention. Following the decision of the General Licensing Sub Committee, the driver appealed the decision to the Magistrates Court and on the 17 August that appeal was upheld.

Following the decision of the Magistrates Court, the Councils Licensing Manager in conjunction with the Councils Director of Corporate Governance and Chair of Licensing gave instruction to appeal the Magistrates’ decision to the Crown Court and on 23 March 2010 the Council’s appeal was upheld. A copy of the decision and reason for the ruling was provided for the Sub Committee.

The driver had previously made an application to the Council on 1 November 2010 for the granting of a Private Hire and Hackney Carriage Driver’s Licence. That application had been refused by the Sub Committee on 16 March 2011 and a copy of the decision was made available to Members.

Members noted that the driver currently held a Hackney Carriage Driver’s Licence with Wigan Council.

Having considered all the information at the meeting Members RESOLVED to grant the drivers application for a private hire/hackney carriage driver’s licence where he would  ...  view the full minutes text for item 14.LSC.5