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 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.

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.13

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 convened for the determination of whether a driver was a fit and proper person to continue to hold a private hire drivers licence under Section 61 of the Local Government (Miscellaneous) Provision Act 1976 with regards to his recently completed Group II Medical.

The application process had identified a medical issue that prompted officers to suspend the driver with immediate effect under delegated powers. The driver had failed to inform the Council of a medical condition during currency of his private hire driver’s licence.

The driver had been granted a private hire driver’s licence (PHD1003) by the General Licensing Sub Committee on 26 January 1998 as a conviction for possession of cannabis was considered. The driver had now held that licence with the Council for a considerable length of time and had an exemplary record of driving. The driver’s licence was due to expire on 20 October 2014.

In August 2014, the driver was required to complete a DVLA Group II Medical having reached the age of 45. The medical identified a condition that prevented him from meeting the Group II requirements. On 2 September 2014, the Group II Medical was forwarded to the Council’s Medical Consultant, who responded, indicating that the condition identified was a potentially serious matter in relation to driving.

The driver did not inform the Council of his medical conditions as required to do so under the conditions of his PHD licence and was in breach of his licence.  On 5 September, officers suspended the driver’s (PHD1003) licence under Section 61(2B) of the said Act of 1976, with the suspension having immediate effect, lasting for a period of two months.

Members were reminded that the Council had adopted the DVLA Group II Medical as the medical standard for prospective and existing private hire and hackney carriage drivers to satisfy the Council’s Fit and Proper criteria in relation to medical issues.

Correspondence from the Occupational Health Department at the Royal Preston Hospital indicated that the driver would need to provide evidence that he has passed a standard Bruce protocol exercise tolerance test and that his left ventricular ejection fraction was less than 40% to prove that he was a fit and proper person to hold a private hire driver’s licence.

The driver attended the meeting to give representation. He explained that the reason why he had not informed the Council of his medical condition had been that he had thought that his licence had expired. When he had experienced his heart attack, he had not driven any form of vehicle for three months and presumed that by the end of this time his licence would have expired as he had not realised that the licence was for three years and not one as was previous.  

The Sub Committee was informed that the driver had booked to undertake an exercise tolerance test on 29 October 2014 and was confident that he would pass. However, his current licence was due to expire on 20 October 2014.  ...  view the full minutes text for item 14.LSC.14