Present at the Meeting:
- Councillor J B Baldwin(Chairman)
- Councillor Councillor B Merry
- Councillor S C Barnes
- Councillor Mrs J M Peet
- Councillor J Eccles-Churton
- Councillor G A Fairhurst
- Councillor W Rotherham
- Councillor W Wilkes
- Councillor J Hilton
64 Welcome to new Member: The Chairman welcomed Councillor Mrs J M Peet to the Regulation Committee.
65 Apologies for Absence: Councillors M Baines, Mrs J Birch, W Carney, Dr C Cottam, P Prescott and A Robinson.
66 Minutes: The minutes of the meeting of this Committee held on 31 October 2007 were approved as a correct record.
67 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 licence number 58 |
71 |
1 (Information about any named person) |
| E2 |
Application for the renewal of a licence to drive private hire vehicles |
72 |
1 (Information about any named person) |
Items not subject to confirmation by the Council:
68 Minutes of the Regulation Sub Committee: Resolved: The Committee confirms the minutes of the meeting of the Regulation Sub and Ad Hoc Committees held on 14 November 2007 as set out below:-
Regulation Sub Committee
14 October 2007
Present at the Meeting:
- Councillor P Prescott
- Councillor Mrs J S Birch
- Councillor J Hilton
- Councillor Mrs J M Peet (observing)
68.1 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 |
Private hire vehicle licence suspension |
68.2 |
3 (information relating to the financial or business affairs of any particular person (including the authority holding that information) |
68.2 Private hire vehicle licence suspension: The Sub Committee considered a report which advised Members of the suspension of a Licensed Private Hire vehicle.
The proprietor attended the meeting and answered questions
Resolved: The Sub-Committee revokes the licence and the vehicle can no longer be licensed as a private hire vehicle on the grounds that it is unfit for use as a private hire vehicle in accordance with Section 60(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976. Also, the vehicle is outside the Council’s policy guidelines on vehicles that it is prepared to license as hackney carriages and private hire vehicles. Furthermore, the Sub Committee agrees that if any further application is made to license the vehicle as a private hire or hackney carriage, that application should be brought before the Committee.
Regulation (Ad Hoc) Committee
14 November 2007
Present at the Meeting:
- Councillor W Carney (In the Chair)
- Councillor G A Fairhurst
- Councillor W Wilkes
68.3 Exclusion of the public – Section 100a Local Government Act 1972: Agreed: 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 by an employee in the Chief Executive’s Department. |
68.4 |
1 (information about any named person). |
68.4 To hear an appeal against dismissal by an employee in the Chief Executive’s Department: The Head of Personnel informed the Committee that an employee of the Chief Executive’s Department had submitted an appeal against 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. During the appeal, management called two witnesses 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 is satisfied that the two allegations made against the appellant resulting in her dismissal are substantiated and that the appellant’s actions amount to gross misconduct. It is the Committee’s decision therefore to uphold management’s decision and to dismiss the appeal.
(Note: After reaching this decision both sides were recalled to the meeting and the Chairman informed them of the decision that had been made).
69 Application for licence under S.142 Highways Act 1980, in respect of landscaping works in convection with development at Warrington Road, Wigan: The Committee considered a report which requested that Members consider an application by Cashtal Properties Limited for licence to plant and maintain an area of landscaping in the Highway.
Resolved: The Committee:
- gives consent to Cashtal Properties Limited to landscape and maintain the site in accordance with and subject to the terms and conditions of the attached Licence Agreement which was attached to the report; and
- defers consideration of authorising the Director of Environmental Services to issue any further licences under Section 142 of the Highways Act pending further information.
70 Application for an increase in hackney carriage fares: Resolved: This item was deferred.
71 Hackney carriage licence number 58 – re-issue of licence: The Committee considered a report which advised Members of a hackney carriage licence that had become available for re-issue because of the death of the proprietor.
The applicant attended the hearing and answered questions.
Resolved: This Committee will allow the deceased proprietor’s beneficiaries to make application for the licence for a vehicle which is considered by the Director of Environmental Service to be wheelchair accessible and suitable for use as a hackney carriage. This should be done as soon as is reasonably practicable.
72 Application for the renewal of 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 prospective applicant attended the hearing and answered questions.
The Committee was concerned that the driver was convicted of an offence whilst the holder of a private hire vehicle driver’s licence and could provide no evidence that he had informed the Council of his conviction within seven days of receiving it as stated in the conditions of his licence. The Committee was also concerned about a medical condition disclosed by the driver at the hearing.
Resolved: The Committee grants the application subject to the Licensing Department’s satisfaction that the driver’s health meets the standards required by the Council but issues a severe warning to the driver regarding his future conduct.
