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.

There were no declarations of any interest.

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).

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 to determine whether an applicant was a fit and proper person to hold a private hire driver’s licence.

On 29 September 2014, the Council had received an application made under Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 for the granting of a private hire driver’s licence (PHD). The application was attached to the report for Members information. The applicant had previously held a private hire drivers licence with Salford City Council and had a number of convictions reported against him. The applicant had successfully passed the Council’s Knowledge Test, DSA Private Hire Driver Test Assessment.

Members were informed that this application was first considered on 4 February 2015 and had been adjourned as the medical report had not arrived at the time of the hearing. The Councils Group II Medical requirements had revealed that the applicant had been drug dependant within 3 years of the date of the medical and that he had a resting ECG. The Councils Medical Advisor recommends that the applicant should be subject to a spontaneous drug test to determine whether he has any drug dependency. However the practical implications of administering such a test would be difficult for the Council to resource. The Committee were also advised that he did not appear to have completed a drug rehabilitation programme.

The applicant had disclosed with his application a number of convictions recorded against him, in addition to the information contained in the Disclosure and Barring Service (DBS) disclosure certificate and Members were informed of the full details of his convictions. In 2012, the applicant was convicted of Possessing Controlled Drug with Intent to Supply, Class A – Cocaine on Misuse of Drugs Act 1971 Section 5(3), and was sentence to Imprisonment for 3 years.

Members noted that there seemed to be a considerable gap in the applicant’s record when there were no convictions recorded against him and asked him to explain the reason for this. He explained that after an unsettled time in his younger years, he had managed to sort his life out; he had married, had a family and obtained a good job where he was highly respected and progressed to a senior position within the company. His life however had spiralled out of control once again when the company was taken over and he was forced to make hundreds of people redundant including himself. He lost his marriage and family under the strain of it all and it was at that point that he got involved with the drugs scene has he was back in touch with people from his old life that where a bad influence on him.

He stated that he was extremely sorry for his actions and that it was one of the worse periods of his life. He had been fortunate to meet a new partner and he had made a life changing decision to cut all ties with Salford  ...  view the full minutes text for item 15.LSC.33

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 to enable Members to determine whether an applicant was a fit and proper person to hold a Private Hire Driver’s Licence.

On 19 December 2014 the Council had received an application made under section 51 of the Local Government (Miscellaneous Provisions) Act 1976 for the granting of a private hire drivers licence (PHD) and a copy of the application was attached for Members information.

The applicant has successfully passed the Councils Knowledge Test, DSA Private Hire Driver Test Assessment and Group II Medical. The applicant had passed his DVLA UK Driver Test in November 2013 and had a fixed penalty offence attracting three penalty points on his Licence for the offence of LC20 which is driving otherwise than in accordance with a licence on 17 October 2013. The applicant stated that he was unaccompanied at the time of the offence and as his vehicle did not display Learner Plates, the vehicle he had been travelling in at the time was seized by the police at the time of the offence.

The applicant had been driving in the UK under his international driving licence from February 2012 that was valid for 12 months. It would however appear that the provision to drive under that authority had run out prior to 17 October 2013. Members noted that the applcant had in fact been driving without a licence for approximately eight months.

Members were aware that the Council’s conditions of application require applicants to have held a full DVLA driver licence for a period of least 3 years and at the time of the application the applicant did not meet this requirement. However, the applicant had presented a copy of an international permit to drive that had been issued by Republique Tusisienne, the driver’s licence indicated that he has been entitled to drive from 9 December 2002 and that he had also passed a mini bus test on 27 October 2006.

After careful consideration of all the relevant facts and representations from the Council’s Licensing Officer, the applicant and his representative, the Sub Committee RESOLVED to grant the application for the private hire driver’s licence for the following reasons:

1.         The applicant has been driving in the UK for some time.

2.         Apart from LC20, the applicant is free from other motoring convictions

3.         Members are satisfied that the applicant is fit and proper and so do not insist on the usual policy requirement for 3 years driving on a UK licence.

Report of the Director of Public Protection, Street Scene and Community (enclosed)

The Sub Committee considered a report to determine whether a driver was a fit and proper person to continue to hold a private hire drivers licence. Officers had been made aware that the driver had had his DVLA Driver’s licence revoked and in response to this information the Director of Public Protection, Street Scene and Community had suspended his Private Hire Drivers Licence under Section 61 (1) (B) of the Local Government (Miscellaneous Provisions) Act 1976.

The driver had held a Private Hire Driver’s Licence from 6 March 2014 which would expire on 6 March 2017 and Members received a copy of his application along with his current licence for information. It was explained that the driver had attended the Council’s offices on 27 February 2015 of his own accord to report a speeding conviction that he had received in June 2014, the offence related to a SP30 (exceeding the 30mph speed limit). Members were aware that a driver is required as a condition on the private hire driver’s licence to inform the council in writing of any conviction within seven days of a conviction.

At that meeting the driver also explained that he had received a letter from the DVLA informing him that his DVLA Driver Licence had been revoked as he had not responded to requests regarding the offence or to the endorsing of his driver’s licence in relation to the SP30 he had received.

The driver also informed the Council of his new address at the time of the visit, which again was contrary to conditions on his licence as he should have notified the authority within seven days. The driver was verbally advised at this meeting that he was suspended from driving under the authority of his licence and a written suspension notice was served by hand to his new address.

Members decided to proceed in the driver’s absence since over an hour had elapsed since the published time of the hearing and there had been no communication from him of any sort explaining his absence or requesting an adjournment.

Having considered all the information contained within the report and the licensing officer’s representation at the meeting, the Sub Committee RESOLVED to suspend the driver’s private hire driver licence under Section 61 (1)(b) of the Local Government (Miscellaneous Provisions) Act 1976.

If the driver produces to the Licensing Unit a current UK DVLA licence without any endorsements other than those already known to the Council by 31 May 2015 the Lead Licensing and Enforcement Officer is authorised to lift the suspension as soon as reasonably practicable.

If a current UK DVLA licence as described has not been produced to the Council by 31 May 2015 the Lead Licensing and Enforcement Officer is authorised to revoke the licence under Section 61 (1)(b) of the Local Government Miscellaneous Provisions Act 1976.

For the following reasons:

1.            The driver does not hold a current DVLA licence and there has been no further contact from him  ...  view the full minutes text for item 15.LSC.35