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 1 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 bring to the attention of Members matters relating to the driver with regards to his Disclosing and Baring Certificate. 

The driver was first granted his Private Hire and Hackney Carriage Driver Licences in May 2004.  He currently holds entitlement to a Chorley Council Private Hire Driver’s Licence PHD 0748 and Hackney Carriage Drivers licence HCD 0307.  The driver last renewed the licenses in May 2014, both licenses will expire on 17th May 2017. 

The driver attended the meeting to make representations to the Sub Committee.

The driver had not provided a current Disclosing and Baring Certificate.  The driver was written to twice in April 2014 advising him that he was required to complete a Disclosing and Barring Certificate application, the driver completed the application in May 2014, this application was returned by the DBS in June 2014 as there was insufficient information to carry out the required checks.  The driver was further written to in June, July and August 2014 to request the additional information to enable the DBS to conduct the required checks.

The driver was written to in September 2015 and asked to make a new application.  In November 2105 the driver completed another DBS application, but failed to provide sufficient details to enable the disclosure application to be sent off to the DBS.

Officers invited the driver to the Councils Offices in December 2015 to attempt to resolve the issues, the driver failed to keep that appointment.  The driver contacted the Council two days later and stated that the reason for his non-attendance was that his driving licence had been sent off to the DVLA and had not been returned.

The Disclosure and Baring Services provided a valuable service as they identified any recorded offences made against the applicant.  This information assisted Councils in determining whether or not an applicant was a fit and proper person to hold positions of trust, equally the Chief Officer of police had opportunity to inform of any matters that he believed should be brought to the Councils attention in relation to the position they were applying for.

Officers were not aware that the driver had come to the attention of the Authorities in the past and his DVLA driver record did not show any convictions. 

Section 61 of the Local Government (Miscellaneous Provisions) Act 1976 provided the authority that Members should rely on when determining this report.

Members were informed that the driver had, in fact, completed a DBS application the previous day at the Council offices.  It was impossible to say whether this application would be returned by the DBS due to insufficient information to carry out the required checks. 

The driver explained that 18 months ago he had split up with his wife and had lived at various friends’ houses.  He had mistakenly given the Council the wrong address, which had led to delays in him receiving his mail. 

The driver had been  ...  view the full minutes text for item 16.LSC.58