Present at the Meeting:
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Councillor J B Baldwin(Chairman)
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Councillor M Baines
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Councillor J Eccles-Churton Councillor P Prescott
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Councillor S C Barnes
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Councillor G A Fairhurst
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Councillor Mrs J S Birch
-
Councillor B Merry
-
Councillor W Carney
-
Councillor W Wilkes
-
Dr Councillor C Cottam
55 Apologies for Absence:
Councillors Hilton, A Robinson and W Rotherham.
56 Minutes:
The minutes of the meeting of this Committee held on 3 October 2007 were approved as a correct record.
57 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
|
Hackney carriage driver – notification of a conviction
|
59
|
1 (Information about any named person)
|
|
E2
|
Application for a licence to drive private hire vehicles
|
60
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1 (Information about any named person)
|
|
E3
|
Application for a licence to drive private hire vehicles
|
61
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1 (Information about any named person)
|
|
E4
|
Private hire vehicle driver – notification of a conviction
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62
|
1 (Information about any named person)
|
|
E5
|
Private hire vehicle – licence suspension
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63
|
1 (Information about any named person)
|
Items not subject to confirmation by the Council:
5
8 Minutes of the Regulation Sub Committee:
Resolved: The Committee confirms the minutes of the meeting of the Regulation Sub and Ad Hoc Committee held on 10, 12 and 19 October 2007as set out below:-
Regulation Sub Committee 10 October 2007
Present at the Meeting:
-
Councillor J Hilton
-
Councillor W Carney
-
Councillor A Robinson
58.1 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
|
Title of Report
|
Minute No.
|
Reason (under Schedule 12A of the Local Government Act 1972)
|
|
E1
|
Appeal against the refusal of a Discretionary Housing Payment
|
58.2
|
1 (Information about any named person)
2 (Information which might reveal the identity of a person)
3 (information relating to the financial or business affairs of any particular person (including the authority holding that information))
|
58.2 Appeal against the refusal of a Discretionary Housing Payment:
The Director of Finance and Information Technology informed the Sub-Committee that an appeal had been submitted against the refusal of an application for Discretionary Housing Payment (DHP). Management submitted written evidence to support their case.
The appellant did not attend the meeting and requested that it went ahead in her absence.
Resolved: The Sub-Committee refuses the appeal and confirms the decision not to make a Discretionary Housing Payment.
Regulation (Ad Hoc) Committee 12 October 2007
Present at the Meeting:
-
Councillor T Halliwell (In the Chair)
-
Councillor C Cottam
-
Councillor B Merry
58.3 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
|
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
|
58.4
|
1 (information about any named person)
|
58.4 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 her dismissal. Management and the appellant had submitted written evidence to support their case.
The Appellant and her 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. Having heard all the evidence from both sides, and after careful consideration and due deliberation, the Committee upholds Management's decision and dismisses the appeal.
Regulation (Ad Hoc) Committee 19 October 2007
Present at the Meeting:
-
Councillor T W Halliwell (In the Chair)
-
Councillor W Carney
-
Councillor Doctor C M Cottam
58.5 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 on age retirement by an employee in the Environmental Services Department.
|
58.6
|
1 (information about any named person)
|
58.6 To hear an appeal against dismissal on age retirement by an employee in the Environmental Services Department:
The Head of Personnel informed the Committee that an employee of the Environmental Services Department had submitted an appeal against dismissal on age retirement. 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. During the appeal, management called one witness to give evidence. Each side submitted their case to the Committee and answered questions.
Both sides withdrew from the meeting whilst the Committee considered its decision.
Resolved: The Committee upholds the appellant’s appeal that his application to work beyond the age of 65 years was not carried out in line with Wigan Council’s policy. The Committee, therefore, recommends that the appellant be reinstated from 11 September 2007 and that his employment be extended to 31 January 2008 so that the procedure to consider his request can be undertaken again.
(Note: After reaching this decision both sides were recalled to the meeting and the Chairman informed them of the decision that had been made).
59 Hackney carriage driver – notification of a conviction:
The Committee considered a report which advised Members of a notification of a conviction by a hackney carriage driver.
The applicant did not attend the hearing but requested that the hearing be heard in his absence.
Resolved: The Committee renews the licence but issues a warning letter to the driver regarding his future conduct.
(Councillors B Merry and W Wilkes declared a personal and prejudicial interest in this item as they know the driver and left the meeting during discussion thereon)
60 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: This Committee grants the application now submitted but with a warning regarding the driver’s future conduct.
61 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: This Committee grants the application now submitted but with a warning regarding the driver’s future conduct.
(Councillor Mrs J Birch declared a personal and prejudicial interest in this item as she knows the driver and left the meeting during discussion thereon)
62 Private hire vehicle driver – notification of a conviction:
The Committee considered a report which advised Members of a notification of a conviction by a private hire vehicle driver.
The applicant attended the hearing and answered questions.
Resolved: The Committee issues a formal warning to the driver but will take no further action.
63 Private hire vehicle – licence suspension:
The chairman of the meeting agreed to this additional item being taken as urgent, the special circumstances being the need to consider the application as soon as possible.
The Committee considered a report which advised Members of the suspension of a private hire vehicle licence.
The applicant and his representative attended the hearing and answered questions.
Resolved: The Committee:
-
will allow the applicant to carry out repairs to the vehicle and have the vehicle re inspected. If it meets the Council’s fitness standards the suspension is to be lifted and the vehicle licenced for a further six months; and
-
issues a severe warning to the driver re the servicing of the vehicle
(Councillors W Carney and G A Fairhurst requested that their vote against this decision be recorded)
