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).

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 17.LSC.102

RESOLVED – That the press and public be excluded from the meeting for the following items of business on the grounds that they involved 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 Early Intervention and Support (enclosed).

The Director of Early Intervention and Support submitted a report to the General Licensing Sub-Committee to bring to the attention of Members the conduct of a Chorley Private Hire Driver following a complaint. It was the responsibility of Members of the Sub-Committee to determine whether the Licence Holder was a fit and proper person to hold a Chorley Borough Council Private Hire Driver Licence

The Licence Holder attended the meeting alongside his representatives; Mr Charles Oakes and the Private hire Operator who employed him. Sergeant Bushell, of Lancashire Police, was also in attendance.

In December 2016, the Council received a complaint in relation to the manner in which the Private Hire Vehicle (PHV) of the Licence Holder was being driven in November 2016. The nature of the complaint alleges that the PHV was being driven in a dangerous and reckless manner on the North bound carriageway of the M6 motorway. The complaint was in the form of a statement and was supported by a recording taken by the complainant’s on-board CCTV recording equipment. The footage from the CCTV statement was exhibited later during the hearing following the summary of the report.

The Licence Holder was first granted a Private Hire Driver’s licence in August 2006 and since this time has not previously come to the attention of officers. The Private Hire Operator was the proprietor of the Private Hire Vehicle. It was confirmed that the vehicle was currently licensed by Chorley Council until May 2017. Officers were satisfied that the Licence Holder had the authority to drive the vehicle and the vehicle was properly licensed at the time of the incident.

The Licence Holder was invited to attend the Council’s offices in November 2016 following a letter inviting him to do so. The Licence Holder responded to the invitation and attended the interview with his Private Hire Operator. The Licence Holder has regular use of the Private Hire Vehicle for both Private Hire work and Social and Domestic purposes.

The Licence Holder attended the meeting in January 2017 where following being shown the recordings of the CCTV he identified himself as being the driver of PHV at the time of the incident. He confirmed that he had his daughter with him in the vehicle at the time. The driver did remember the incident and stated that he was frustrated with the vehicle that belonged to the complainant; he stated that the complainant’s vehicle was hogging the outside lane. The Licence Holder accepted that his response at the time got out of hand, and admitted that his driving fell below the standard expected. He denied that he was making any gestures or flashing his headlights at the complainants.

The CCTV footage was exhibited to the Sub-Committee whilst Sergeant Bushell provided an analysis of the incident. Members were informed that the Licence Holder had committed an offence under Section 3 of the Road Traffic Act 1988 as he was seen to be driving without due care and attention and presented a  ...  view the full minutes text for item 17.LSC.103

Report of the Director of Early Intervention and Support (enclosed).

The Director of Early Intervention and Support submitted a report to enable Members to determine whether the applicant was a fit and proper person to hold a Private Hire and Hackney Carriage Driver’s Licence.

The applicant attended the meeting to make his representations to the Sub-Committee along with his representative, Charles Oakes.

The applicant submitted an application for the grant of a Private Hire and Hackney Carriage Driver Licence in December 2016. The applicant declared three motoring convictions on his application which were of concern to the Council, all of which involved speeding and fall within the Council’s Safeguarding, Suitability and Convictions Statement of Policy for Taxi Licensing. The applicant further breached his licence conditions by failing to inform the Council of a change of address during the period of his previous licence.

The applicant’s DVLA Licence Summary details the following motoring convictions:

• The applicant received a fixed penalty for an offence of SP30 (exceeding the statutory speed limit on a public road) in February 2014 for which his DVLA Licence was endorsed with 3 penalty points.
• The applicant received a fixed penalty for an offence of SP30 (exceeding the statutory speed limit on a public road) in October 2014 for which his DVLA Licence was endorsed with 3 penalty points.
• The applicant received a fixed penalty for an offence of SP50 (exceeding the statutory speed limit on a motorway) in February 2015 for which his DVLA Licence was endorsed with 4 penalty points.

Members were advised that the applicant confirmed that the motoring convictions were committed in a vehicle licensed by Chorley Council. The applicant confirmed that he currently held 10 points on his licence and was not awaiting further convictions on this licence.

The applicant had successfully passed the Council’s Knowledge Test and he meets the Council’s Group II Medical requirements and DVSA Private Hire Driver Test Assessment. The Licence Holder was previously licensed as a Private Hire and Hackney Carriage Driver with Chorley Council from December 2013 until December 2016 when he allowed his licences to lapse. With regards to this, the applicant informed the Sub-Committee that this was unintentional and he thought that he had completed the required procedures in enough time however his DBS took longer to be issued than expected.

The applicant was interviewed under caution at the Council offices in January 2017 regarding his failure to report a change of address and notify the council of his motoring convictions. Officers have concerns that the applicant has used a number of addresses to reside at over the past three years whilst he has held his PHD and HCD licences and not informed the Council in writing as he is required to do.

The applicant advised that he was unaware that he had to inform the Council of his change of address. He stated that at the time all his time had been consumed by looking for a job. The applicant confirmed that he had moved to his brother’s address which was in close proximity  ...  view the full minutes text for item 17.LSC.104

Report of the Director of Early Intervention and Support (to follow).

The Director of Early Intervention and Support submitted a report to enable Members of the General Licensing Sub-Committee to determine whether the Licence Holder was a fit and proper person to hold a Private Hire Driver (PHD) Licence and Hackney Carriage Driver (HCD) Licence.

The Licence Holder did not attend the meeting. The Lead Licensing and Enforcement Officer informed the Sub-Committee that he had spoken to the Licence Holder’s wife twice via telephone in the week leading up to the meeting. The most recent correspondence confirmed that the Licence Holder had experienced a family bereavement and would subsequently be out of the country in order to attend to this.

No written confirmation had been received regarding the Licence Holder’s anticipated absence. The Licence Holder’s wife informed the Lead Licensing and Enforcement Officer that she would provide a copy of their flight tickets via email to evidence that the Licence Holder would be out of the country. However, when this was checked prior to the hearing taking place, no email had been received.

The Licence Holder was advised of the possibility that the hearing could proceed in his absence at the discretion of the Sub-Committee or be adjourned until he returned. In light of this information, Members subsequently resolved to proceed with the hearing in the Licence Holder’s absence.

The Licence Holder was first licensed with Chorley Borough Council in July 2010 following a General Licensing Sub-Committee hearing. At this time the Committee determined to grant the Licence Holder’s co-terminous application where he fell short of the requirement of holding a DVLA driver’s licence for the required 3 years. The Licence Holder has renewed his Private Hire and Hackney Carriage Driver Licences previously when they expired in August 2011.

In April 2016, the Council wrote to the Licence Holder requesting that he complete a new application for an enhanced disclosure from the Disclosure and Barring Unit (DBS) 3 months prior to the expiry of his licences in August 2016. In the provisional period the Council requested that the Licence Holder complete an Interim DBS Declaration to support the renewal of his Private Hire Driver (PHD) and Hackney Carriage Driver (HCD) Licences.

On 9 April 2016, the Licence Holder completed an interim DBS Declaration, declaring amongst other things, that he had never been cautioned by the Police or any other Authority for any reason. The Council received receipt of his medical and the fee payment, however did not renew the Licence Holder’s PHD and HCD Licences in the absence of his DBS certificate.

Council records indicated that on 27 September 2016 the Licence Holder phoned the Council to report that he had been advised by the DBS that his certificate would take between 12 and 16 weeks to be issued to him and that he would bring it in as soon as it arrived. However, on 12 December 2016 officers from the Council’s transactional team used the DBS tracking service and discovered that the DBS certificate had been issued to  ...  view the full minutes text for item 17.LSC.105