Agenda and minutes

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 interests were received.

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.

By Virtue of Paragraph 1: Information relating to any individual.

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

By Virtue of Paragraph 2: Information which is likely to reveal the identity of an individual.

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

By Virtue of Paragraph 3: Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Condition:

Information is not exempt if it is required to be registered under-

The Companies Act 1985

The Friendly Societies Act 1974

The Friendly Societies Act 1992

The Industrial and Provident Societies Acts 1965 to 1978

The Building Societies Act 1986 (recorded in the public file of any building society, within the meaning of the Act)

The Charities Act 1993

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

By Virtue of Paragraph 4: Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under the authority.

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

By Virtue of Paragraph 5: Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information  ...  view the full agenda text for item 14.LSC.20

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 Public Protection, Street Scene and Community (enclosed)

The Sub Committee considered a report of the Director of Public Protection, Street Scene and Community for the determination of whether a driver was a fit and proper person to continue to hold his Private Hire Drivers’ Licence (PHD0891) under Sections 51 and 61 of the Local Government (Miscellaneous Provisions) Act 1976 with regards to his completed Group 2 Medical and subsequent suspension.

The driver had held a Chorley Council Private Hire Drivers Licence since 1998, following a Group 2 Medical in March 2012; he was referred to the newly appointed Medical Consultant for the Council who drew officer’s attention to the inherent medical issues in relation to the driver’s Diabetes and Heart problems. Following extensive communication between the driver, his representative and Officers of the Council, he was unable to provide the reassurance sought by the Council’s Medical Advisor as to his ability to satisfy the Group 2 medical requirements.

Members determined to suspend the drivers Private Hire Drivers Licence (PHD0891) at a General Licensing Sub-Committee hearing on 21 November 2012, as he could not satisfy Members that he had the necessary medical evidence to meet the requirements.

On 28 November 2013, the driver made application to renew his PHD licence which he was required to do to preserve his entitlement for the licence. On 5 December 2013 the driver notified the Council that he had undergone a heart by-pass operation. On 17 July 2014 the driver undertook a Group 2 Medical which was forwarded on to the Council on 23 July 2014, the results of which were contained within the report.

On 20 August 2014, officers wrote to the driver requesting further detailed information to support his application to renew his licence, to date no correspondence has been received, save that officers contacted him on 4 November to establish if he still wished to proceed with his application.

Officers were informed at that time that the driver had completed the required exercise tolerance test and was awaiting his results. The driver’s solicitor was advised that any results should be presented at the earliest opportunity and that the application would be determined at a meeting of the General Licensing Sub Committee. To date the information had still not been received.

After careful consideration and taking into account all the relevant factors the General Licensing Sub Committee RESOLVED to refuse to renew the private hire driver licence of the driver under S61 (1)(b) of the Local government (Miscellaneous Provisions) Act 1976 for the following reasons:

The Council’s adopted policy is to apply Group 2 Medical Standards to Taxi Drivers in accordance with the Guidance from the Department of Transport.

The driver’s Group 2 Medical Examination Report has not been satisfactorily completed.

The Council’s medical consultant recommended that a Bruce Protocol Exercise Test be undertaken to determine if the driver achieves Group 2 Medical Standards in July 2012. The Council has been informed that this has been undertaken however the results have not been produced to the Council nor has the  ...  view the full minutes text for item 14.LSC.21