Regulation Committee - 10 August 2007

Present at the Meeting:

  • Councillor J Hilton (Chair)
  • Councillor M Baines
  • Councillor S C Barnes
  • Councillor W Carney
  • Councillor G A Fairhurst
  • Councillor B Merry
  • Councillor W Wilkes

29 Apologies for Absence : Councillors J B Baldwin , Dr C M Cottam , J F Davies, J Eccles-Churton, P Prescott, W Rotherham and A Robinson.

30 Minutes: The minutes of the meeting of this Committee held on 13 July 2007 were approved as a correct record.

31 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:

Agenda Item No.

Title of Report

Minute No.

Reason (under Schedule 12A of the Local Government Act 1972)

E1

Licensed private hire driver -conduct

34

1 ( Information about any named person )

E2

Application for a licence to drive private hire vehicles

35

1 ( Information about any named person )

E3

Private hire driver – breach of condition

36

1 ( Information about any named person )

Items not subject to confirmation by the Council:

32 Minutes of the Regulation Sub Committee: Resolved:The Committee confirms the minutes of the meeting of the Regulation Sub Committee held on 4, 11 and 25 July 2007 as set out below:-

Regulation Sub Committee - 4 July 2007

Present at the Meeting:

  • Councillor J Shaw (In the Chair)
  • Councillor B Merry
  • Councillor A Robinson
  • Councillor W Rotherham (substitute)

31.1 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 a private hire vehicle licence.

32.2

3 (information relating to the financial or business affairs of any particular person (including the authority holding that information))

32.2 Application for a private hire vehicle licence: The Sub Committee considered a report which advised members of an application for a private hire vehicle licence.

The applicant attended the meeting and answered questions.

The applicant brought the vehicle and it was viewed by the Sub Committee.

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

(Councillor B Merry declared a prejudicial interest in this item as the applicant was known to him and was replaced on the Sub Committee by Councillor W Rotherham)

Chairman

Regulation Sub Committee - 11 July 2007

Present at the Meeting:

  • Councillor J Shaw (In the Chair)
  • Councillor W Rotherham
  • Councillor W Wilkes
  • Councillor J Hilton (substitute)

32.3 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

Application for the renewal of a hackney carriage licence

32.4

3 (information relating to the financial or business affairs of any particular person (including the authority holding that information))

32.4 Application for the renewal of a hackney carriage licence: The Sub Committee considered a report which advised Members of an application to renew a hackney carriage licence. Officers considered that the vehicle was unfit for use as a hackney carriage because of the defects as set out in the report and had failed to reach the standard of fitness required by the Council on two consecutive occasions.

The applicant and his representative attended the meeting and answered questions.

Resolved: The Sub Committee agrees to allow the applicant to carry out repairs to the vehicle and to have the vehicle re-inspected and, if it meets the Council’s fitness standards, to renew the licence.

(Councillor W Wilkes declared a prejudicial interest in this item as the applicant’s representative was known to him and was replaced on the Sub Committee by Councillor J Hilton).

Chairman

Regulation Sub Committee - 25 July 2007

Present at the Meeting:

  • Councillor J B Baldwin (In the Chair)
  • Councillor J Eccles Churton
  • Councillor S C Barnes

32.5 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 renewal of a private hire vehicle licence.

32.6

3 (information relating to the financial or business affairs of any particular person (including the authority holding that information))

32.6 Application for the renewal of a private hire vehicle licence: The Sub Committee considered a report which advised Members of an application for the renewal of a private hire vehicle licence. Officers considered that the vehicle was unfit for use as a hackney carriage because of the defects as set out in the report and the fact that the vehicle is 7 years old and therefore outside of the Council’s policy guidelines on vehicles it is prepared to licence as private hire vehicles. It had also had failed to reach the standard of fitness required by the Council on one previous occasion.

The Committee interviewed the proprietor of the vehicle.

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

Resolved: The Sub Committee agrees to:-

  • allow the applicant to carry out repairs to the vehicle and have the vehicle re-inspected;
  • grant a further 6 month licence if the vehicle then meets the Council’s fitness standards; and
  • accept the commitment given by the applicant that in six months time the vehicle will be changed.

Chairman

33 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: This item was deferred until the next meeting of the Regulation Committee on 7 September 2007 due to the applicant being on holiday.

34 Licensed private hire driver -conduct: The Committee considered a report which advised Members of the circumstances relating to the submission to the Council of a forged application form for the renewal of a private hire vehicle licence by the holder of a private hire vehicle drivers licence. The Committee were asked to consider what action, if any, should be taken in respect of the private hire driver licence holder.

The proprietor of the vehicle attended the meeting and answered questions.

Resolved: The Committee suspends the private hire vehicle driver’s licence on the grounds that he has submitted to the Council a forged application for the renewal of a private hire vehicle licence. The driver will also incur 3 points on his private hire vehicle licence and if he wishes to renew his private hire vehicle licence in September, the application will put before this committee for consideration.

35 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 and his representative attended the hearing and answered questions.

Resolved: This Committee grants the application now submitted but issues a severe warning to the driver regarding his future conduct.

36 Private hire driver – breach of licence condition :This item was withdrawn.

Chairman

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