Regulation Committee - 13 July 2007

Present at the Meeting

• Councillor J Shaw (Chair)
• Councillor S C Barnes
• Councillor W Carney
• Dr Councillor C M Cottam
• Councillor J F Davies
• Councillor G A Fairhurst
• Councillor J Hilton
• Councillor B Merry
• Councillor P Prescott
• Councillor A Robinson
• Councillor W Rotherham
• Councillor W Wilkes

18. Apologies for Absence: Councillors J B Baldwin , M Baines and J Eccles-Churton .

19. Minutes: The minutes of the meeting of this Committee held on 15 June 2007 were approved as a correct record.

20. 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:

21. Minutes of the Regulation Sub Committee: Resolved:The Committee confirms the minutes of the meeting of the Regulation Sub Committee held on 6 June and 20 June 2007 as set out below:-

Regulation Sub Committee - 6 June 2007

Present at the Meeting

• Councillor J Shaw (In the Chair)
• Councillor G A Fairhurst
• Councillor J Eccles-Churton

21.1 Exclusion of the Public – Section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Sub 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	Application for the grant of a private hire vehicle licence.	2	3 (information relating to the financial or business affairs of any particular person (including the authority holding that information))

21.2 Application for the grant of a private hire vehicle licence: Resolved: Due to the non-attendance of the applicant, the Sub Committee defers this application until the next meeting of the Regulation Sub Committee.

Regulation Sub Committee - 20 June 2007

Present at the Meeting

• Councillor J Shaw (In the Chair)
• Councillor J Hilton
• Councillor p Prescott

21.3 Exclusion of the Public – Section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Sub 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	Private hire vehicle licence – test failure	4	3 (information relating to the financial or business affairs of any particular person (including the authority holding that information))

21.4 Private hire vehicle licence - test failure: The Sub Committee considered a report which advised members of a currently licensed private hire vehicle failing its 6-month test.

The applicant attended the meeting and answered questions.

Resolved: The Committee agrees to permit the applicant to carry out repairs to the vehicle and then have the vehicle re-inspected. The suspension will be lifted if the vehicle meets the Council’s fitness standards.

22. Application for the removal of land described as 'part of the front garden and existing access to 50 Bolton Road, Aspull' from the register of common land: 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 requested Members to consider whether or not to remove the land which is the subject of this application from the register of common land.

Resolved: The Committee deferred this item until the next meeting of the Regulation Committee. The Committee has requested a site visit, a copy of the deeds of the property, a detailed map of the Common Land in Aspull and a search to be undertaken to ascertain whether planning permission was sought in respect of erecting the brick wall on the premises.

23. Application to modify the definitive map and statement of the Metropolitan Borough of Wigan under section 53(2) of the Wildlife and Countryside Act 1981 - Standish Footpath No.31 : 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 status of Standish Footpath No. 31 and which sought authority for the Director of Legal and Property Services to make a further order to modify the definitive map and statement.

Resolved: The Committee authorises the Director of Legal and Property Services to make a further order to modify the definitive map and statement accordingly.

24. Private hire driver breach of licence conditions: This item was withdrawn.

25. Application for a licence to drive private hire vehicles: The Committee considered a report which advised Members of an application for a licence to drive private hire vehicles.

The applicant attended the hearing and answered questions.

Resolved: The Committee refuses to grant the application.

(Councillor J Hilton declared a personaland prejudicial interest in this item as he knows one of the applicant’s referees and left the meeting during the discussion thereon.)

26. Application for a licence to drive private hire vehicles: The Committee considered a report which advised Members of an application for a licence to drive private hire vehicles.

The driver attended the hearing and answered questions.

Resolved: The Committee grants the application with a severe warning regarding the driver’s future conduct.

27. Application for a licence to drive hackney carriages: The Committee considered a report which advised Members of an application for a licence to drive hackney carriages.

The driver attended the hearing and answered questions.

Resolved: The Committee grants the application.

28. Private hire vehicle – signs: 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 request by a private hire vehicle proprietor to retain signs on the vehicle which were in breach of the conditions attached to the private hire vehicle licence issued to that vehicle.

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

Resolved: The Committee requires the vehicle proprietor to reduce the size of the lettering and/or remove those signs or lettering displayed on the vehicle which do not comply with the conditions imposed on the vehicle licence within seven days, and, if she fails to do so, agrees to suspend the private hire vehicle licence under the provisions of Section 60 of the Local Government (Miscellaneous Provisions) Act 1976 until the said signs are removed.