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 any interests were received.

The Chair outlined the hearing procedure that would be used to conduct the meeting.

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, Streetscene and Community (enclosed)

The Sub Committee considered a report of the Director of Public Protection, Streetscene and Community to determine whether or not the driver was a fit and proper person to continue to hold his private hire licence (PHD0245) following his suspension on 9 October 2015 following his confirmation that he was receiving treatment for Sleep Apnoea.

The driver was first granted his Private Hire Driver’s Licence in December 1999. Having reached the age of 65, he was required to complete a DVLA Group II medical every 12 months and had submitted his last medical on 19 December 2014.  The Council’s Medical Advisor had advised that the driver was fit to drive at that time.

On 20 September 2015 and in accordance with paragraph 29 on his driver’s licence, the driver wrote to the Council stating that he had ceased driving whilst he was undergoing some medical procedures and upon further investigation by council officers it was confirmed on 29 September 2015, that he was being treated for Sleep Apnoea.

The driver also verbally confirmed that he had telephoned the DVLA in early September to inform them of his condition following his diagnosis and stated that he had been told that he could carry on driving as he was receiving treatment. Officers advised that this advice was in line with Group I driver licences and as he did not hold entitlement for HGV or PSV vehicles that would indicate to the DVLA that Group II standard advice would not apply. There would be no reason why the DVLA would know that the driver was subject to Group II standards in this regard and the Sub-Committee advised him to contact them further regarding this matter.

The Council’s Medical Advisor advised that the driver’s PHD0245 private hire driver’s licence should be revoked, as the Council upholds the standards imposed under the DVLA Group II medical – driving must cease until satisfactory control of symptoms has been attained, with ongoing compliance with treatment, confirmed by consultant/specialist opinion. Regular, normally annual, licensing review required.

Following this advice the Director of Public Protection, Streetscene and Community suspended the driver’s PHD0245 driver licence on 9 October 2015 with immediate effect under Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976 and the Sub-Committee were provided with a copy of the suspension notice for their information.

It is evident from a previous medical, that the driver had been diagnosed with suspected Sleep Apnoea in 2004; information contained in a letter by his consultant at that time indicated that he had been referred for sleep studies as he showed symptoms of possible obstructive sleep apnoea. There is no evidence from his records that this matter had been resolved. Members did note that the Council’s procedures at that time were not as robust as the current procedure is today; however, the provision for a driver to inform the Council of any changes in their medical condition was still as relevant as it is today. The driver stated that he was  ...  view the full minutes text for item 15.LSC.50