Regulation Committee - 15 June 2007

Present at the Meeting:

• Councillor J B Baldwin (Chair)
• Councillor J Shaw (Vice Chair)
• Councillor M Baines
• Councillor J Eccles-Churton
• Councillor G A Fairhurst
• Councillor J Hilton
• Councillor B Merry
• Councillor P Prescott
• Councillor A Robinson
• Councillor W Wilkes

9. Apologies for Absence: Councillors S C Barnes , W Carney, Dr C M Cottam, J F Davies and W Rotherham.

10. Minutes: The minutes of the meeting of this Committee held on 18 May 2007 were approved as a correct record.

11. Exclusion of the Public – Section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Committee discusses the following items for the reasons set out below:

Items not subject to confirmation by the Council:

12. Minutes of the Regulation (Ad Hoc) Committee: Resolved:The Committee confirms the minutes of the meeting of the Regulation (Ad Hoc) Committee held on 9 May, 24 May and 29 May 2007 as set out below:-

Regulation (Ad Hoc) Committee - 9 May 2007

Present at the Meeting:

• Councillor J Shaw (in the Chair)
• Councillor A Robinson
• Councillor W Wilkes

12.1 Exclusion of the Public – Section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Committee discusses the following items for the reason set out below:

Agenda Item No.	Title of Report	Minute No.	Reason (under Schedule 12A of the Local Government Act 1972)
E1	Private hire vehicle number 1955 – test failure	12.2	3 (information relating to the financial or business affairs of any particular person (including the authority holding that information))

12.2 Private hire vehicle number 1955 – test failure : The Sub Committee considered a report which advised Members of the suspension of a licensed private hire vehicle following the failure of a six month test.

The proprietor attended the hearing and answered questions.

The proprietor withdrew from the meeting while the Sub Committee considered its decision.

Resolved: The Committee revokes the private hire vehicle on the grounds that the Committee is not satisfied that the vehicle is fit to be licensed as a private hire vehicle and that if any further application is made in respect of the vehicle it must be brought before the Committee

Regulation (Ad Hoc ) Committee - 24 May 2007

Present at the Meeting:

• Councillor B Baldwin (In the Chair)
• Councillor W Carney
• Councillor B Merry

12.3 Exclusion of the Public – Section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Committee discusses the following item for the reason set out below:

Agenda Item No.	Title of Report	Minute No.	Reason (under Schedule 12A of the Local Government Act 1972)
E1	To hear an appeal against dismissal submitted by an employee in the Adult Services Department	12.4	1 (i nformation about any named person).

12.4 To Hear an appeal against dismissal submitted by an employee in the Adult Services Department: The Head of Personnel informed the Committee that a former employee of the Adult Services Department had submitted an appeal against his dismissal. Management and the appellant had submitted written evidence to support their case.

The appellant and his representative, together with representatives of management then entered the meeting. Each side presented their case to the Committee and had the opportunity to ask and respond to questions.

Both sides withdrew from the meeting while the Committee considered its decision.

Resolved: The Committee has given serious consideration to the evidence presented in this appeal. In reaching a decision, the Committee has taken into consideration that throughout the disciplinary process both the formal and final warnings went unchallenged. The Committee also consider that the allegations which led to the dismissal were not challenged at the appeal. The decision of the Committee is therefore to uphold management’s decision and dismiss the appeal.

However, the Committee would like to support the appellant in finding further employment and requests that the Head of Personnel consider that, if an employment opportunity arises at Metro Lite, that the appellant be considered for re-engagement. The time limit on this offer is three months.

Regulation (Ad Hoc) Committee - 29 May 2007

Present at the Meeting:

• Councillor J Shaw (in the Chair)
• Councillor A Robinson
• Councillor B Merry

12.5 Exclusion of the Public – Section 100a Local Government Act 1972: Agreed: The public is excluded from the meeting when the Committee discusses the following items for the reason set out below:

Agenda Item No.	Title of Report	Minute No.	Reason (under Schedule 12A of the Local Government Act 1972)
E1	Application for the grant of a private hire vehicle licence	12.6	3 (information relating to the financial or business affairs of any particular person (including the authority holding that information))

12.6 Application for the grant of a private hire vehicle licence : The Committee considered a report which advised Members of an application for a private hire vehicle licence.

The applicant withdrew from the meeting while the Committee considered its decision.

Resolved: The Sub Committee refuses to grant the licence on the grounds that the Council is not satisfied that the vehicle is in a suitable mechanical condition or safe to be licensed for use as a private hire vehicle. Also, the vehicle is outside the Council’s policy guidelines for vehicles that it is prepared to license as hackney carriages and private hire vehicles.

13. Signs on private hire vehicles: The Committee considered a report which advised Members of a request from the holder of a private hire vehicle licence to display text on the rear window of a licensed private hire vehicle.

Resolved: The Committee delegates this request and any similar request in relation to signs to the Licensing Manager with a right for any applicant aggrieved by any decision made by the Licensing Manager to have the application/request heard by this Committee.

14. Safety of Sports Grounds Advisory Groups – appointment of Chairmen: The Committee considered a report which dealt with the appointments of Chairmen for the Safety Advisory Groups for the JJB Stadium, Robin Park, Wigan, Hilton Park, Kirkhall lane, Leigh and also the proposed new stadium at Leigh Sports Village.

Resolved: The Committee appoints Councillor A Robinson as Chairman for the JJB Stadium, Wigan and Councillor J Hilton as Chairman for Hilton Park, Leigh and the proposed new stadium at Leigh Sports Village.

15. Application for the grant of a private hire vehicle licence: The Chairman of the meeting agreed to this additional item being taken as urgent, the special circumstance being the need to obviate any delay. The Committee considered a report which advised Members of an application for the grant of a private hire vehicle licence.

The applicant’s representative attended the hearing and answered questions.

Resolved: The Committee refuses the application on the grounds that the Council is not satisfied that the vehicle is in a suitable mechanical condition or safe to be licensed for use as a private hire vehicle. Also, the vehicle is outside of the Council’s policy guidelines for vehicles that it is prepared to license as hackney carriages and private hire vehicles.

16. Private hire driver - complaint: The Chairman of the meeting agreed to this additional item being taken as urgent, the special circumstance being the need to obviate any delay. The Committee considered a report which advised Members of a complaint concerning the manner of driving of a currently licensed private hire driver.

The driver attended the hearing and answered questions. Three witnesses also attended the hearing but were not required to answer questions as the driver agreed that the report was an accurate account of events.

Resolved: The Committee suspends the driver’s licence until such time as he passes the Driving Standards Agency Private Hire Driving Test at his own expense and produces the necessary TPH10 certificate on the grounds that his conduct and manner of driving whilst carrying passengers in a licensed private hire vehicle were below that expected and required by this Council.

(Councillor J Hilton declared a prejudicial interest in this item as his daughter was one of the witnesses who reported the incident and he left the room during discussion thereon. Councillor J Shaw declared a prejudicial interest in this item as he knew one of the witnesses and he left the room during discussion thereon.)

17. Private hire vehicle driver licence – suspension and application to renew: The Chairman of the meeting agreed to this additional item being taken as urgent, the special circumstance being the need to obviate any delay. The Committee considered a report which advised Members of the suspension of a private hire vehicle licence and a subsequent application to renew that licence.

The driver attended the hearing and answered questions.

Resolved: The Committee determines that the suspension of the current licence to drive private hire vehicles be continued until 4th July 2007, the grounds for that decision being that since the grant of the licence to drive private hire vehicles the holder has been disqualified from driving by the Courts, that being a reasonable cause. The Committee is also concerned by the fact that the driver has had a previous warning from this Committee.

The application to renew the licence is granted and the new licence will be endorsed with three penalty points. The Committee also issues a severe warning regarding the driver's future conduct.