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.23

Decision: 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 the applicant was a fit and proper person to continue to hold a private hire drivers licence under Sections 57 and 61 of the Local Government (Miscellaneous Provisions) Act 1976 in light of the Council’s Policy relating to convictions.

The applicant first applied for a Private Hire Driver’s Licence on 28 November 2008.  The application process revealed that the applicant’s driver licence had a number of Penalty Points and indicated that he had been banned from driving for a period of time.  The applicant had appeared before the Licensing Sub-Committee on 1 April 2009 to have his application determined.  Members determined to grant the applicant a Private Hire Drivers Licence with a warning that should he receive further speeding endorsements then he would be required to appear before the committee.

On 10 July the applicant had his Private Hire Driver and Private Hire Vehicle Licence revoked by the Council’s General Licensing Sub-Committee.  The applicant had been stopped by Lancashire Constabulary whilst in control of a Chorley Borough Council Private Hire Vehicle (PHV0585) whilst on route to a pre booking and acting as Private Hire Vehicle for failing to produce a certificate of insurance as required under Section 50 (4) of the local Government (Miscellaneous Provisions) Act 1976.  At the same time the Vehicle was issued a PG9 statement for an illegal rear tyre where the tyre tread depth measured less than 160mm across the central ¾ off tread (the PG9 is a statement prohibiting the vehicle from use).

Members resolved to revoke the applicant s PHD licence giving the following reasons;

1.         The applicant had admitted driving passengers on 62 occasions in a private hire vehicle which was not licensed as required under the law and was also contrary to the Council’s private hire driver licence conditions. Members considered that this posed a serious risk to passengers.

2.         The applicant had driven a taxi with an illegal rear tyre which was also contrary to the Council’s vehicle licence conditions.

3.         Members noted that the applicant had already written to the Council saying that he did not wish to continue as a taxi driver and had handed back his driver badge and vehicle plate.

The following driving convictions are recorded against the applicant’s DVLA Driver Licence;

1) On 29 January 2012 SP30, 3 penalty points

2) On 10 July 2013 IN10, 6 penalty points

The Council were only made aware of this information when the applicant made an application for a Private Hire Drivers Licence on 5 September 2014.  This meant that the applicant had failed to comply with the requirements of his Private Hire Diver Licence conditions by failing to notify the Council of any convictions within 7 days of receiving the convictions.

There was a need to have regard for the Council’s Statement of Policy Concerning the Relevance of Criminal Convictions relating to the Determination of Applications or  ...  view the full minutes text for item 14.LSC.24