Agenda and draft minutes

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Venue: Council Chamber, Town Hall, Chorley

Contact: Matthew Pawlyszyn  Email: matthew.pawlyszyn@chorley.gov.uk

Items
No. Item

21.46

Declarations of Any Interests

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.

Minutes:

There were no declarations of any interests.

21.47

Procedure pdf icon PDF 97 KB

Minutes:

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

21.48

Exclusion of the Public and Press

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).

Minutes:

Resolved (Unanimously):

 

That the press and public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972.

 

21.49

Determination of Application to Renew Hackney Carriage and Private Hire Driver Licence

Report of the Director of Planning and Development

Minutes:

The Director of Planning and Development submitted a report for the General Licensing Sub-Committee to determine whether the Applicant was a fit and proper person to hold a hackney carriage and private hire driver licence.

 

Mr Nathan Howson (Enforcement Team Leader – Licensing) presented the report to the panel. He provided that the applicant was before the panel due to convictions which were obtained after the grant of the licence in 2018 and which the applicant had failed to declare. 

On 7 June 2021, the applicant submitted an application to renew both licences. In support of this application, the applicant provided an Enhanced Certificate from the Disclosure and Barring Service which detailed the following convictions:

 

Conviction Date

Offence(s)

Penalty

19.12.2018


Burnley Crown Court

Conceal/ disguise/ convert/ transfer/ remove criminal property on 17 June 2014.

Contrary to S.327 and S.334 of the Proceeds of Crime Act 2002.

Imprisonment 45 months, Forfeiture of seized items.

Victim surcharge £120

19.12.18

Burnley Crown Court

Facilitate the acquisition/ acquire/ possess criminal property on 17th November 2015

Contrary to S.329 and S.334 of the Proceeds of Crime Act 2002

Imprisonment 12 months concurrent

 

The panel were informed that the offences were of dishonesty in nature and the Council’s Safeguarding and Suitability Policy is a relevant consideration in reaching a decision on the suitability of the applicant.  The Policy stipulates that the Council would take a serious view of any convictions involving dishonesty and an applicant with convictions of dishonesty which are less than 5 years from the conviction date or release from prison, whichever is the later, is unlikely to be granted a licence.  In particular an application would be refused where the applicant has a conviction which is less than 3-5 years prior to the date of application. Mr Howson confirmed that the applicant was convicted on 19/12/18 and although he was released from prison on 15/6/20, this was a conditional release with the sentence expiring on the 11/9/22.   

 

It was explained that the applicant had first applied to the authority on 13/05/2018 and was asked “are there were any pending matters, including criminal, civil or traffic offences for which you are being investigated by any authority in the UK or in any other country.” The applicant responded by selecting no and had signed a declaration that the information given was true and complete.

As a result, both a Hackney Carriage and Private Hire Driver Licence was granted. The PHD licence included a condition which required the licence holder to notify the Council of any conviction or caution recorded against him or the imposition of any endorsable or non-endorsable fixed penalty within 7 days of such conviction or caution being imposed.

Mr Howson explained that, although the applicant had not been convicted of an offence under the Local Government Miscellaneous Provisions Act 1976, he had clearly given false information and this should be a consideration for the panel, when reaching a decision. 

 

Members were referred to the fit and proper person test  ...  view the full minutes text for item 21.49