Regulation - wednesday 5 March 2008

Present at the Meeting:

  • Councillor J B Baldwin(Chairman 
  • Councillor P Prescott
  • Councillor S C Barnes
  • Councillor W Rotherham
  • Councillor B Merry
  • Councillor W Wilkes

80 Apologies for Absence: Councillors M Baines, Mrs J Birch, W Carney, Dr C Cottam, J Eccles-Churton, G A Fairhurst, J Hilton, Mrs J M Peet and A Robinson.

81 Minutes: The minutes of the meeting of this Committee held on 9 January 2008 were approved as a correct record.

82 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 16 January and 25 January 2008 as set out below:-

Regulation Sub Committee

16 January 2008

Present at the Meeting:

  • Councillor B Baldwin (Chair)
  • Councillor J Eccles-Churton
  • Councillor J M Peet
  • Councillor P Prescott
  • Councillor W Wilkes

82.1 Application for an increase in hackney carriage fares: The Sub Committee considered a report advising Members of an application for an increase in hackney carriage fares and requesting that they consider abandoning the approved fare calculation formula. This item had been deferred from the Regulation Committee on 9 January 2008 to allow officers time to recalculate fares using the formula. Information was submitted showing the results of applying current data to the formula which showed an increase in the fares.

Representatives from T & GWU hackney driver’s branch and The Hackney Association attended the meeting.

Resolved: The Sub Committee will retain the fare calculation formula and will review fare increases every January instead of May. The Sub Committee approved the increase in fare as calculated by the formula. The representatives of the drivers will be informed of this decision in writing.

82.2 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  Hackney carriage driver – notification of conviction  82.3  1 (Information about any named person)

82.3 Hackney carriage driver – notification of conviction: The Sub Committee considered a report which advised Members of a notification of conviction by a hackney carriage driver.

The driver attended the meeting and answered questions.

Resolved: The Sub-Committee will take no action.

(Councillors J Eccles-Churton and W Wilkes did not hear this application. Councillor Prescott declared a personal interest in this item as the driver lives in his constituency and may be known to him and he left the meeting during discussion thereon. He was replaced by Councillor B Merry.) 

Regulation (Ad Hoc) Committee 25 January 2008

Present at the Meeting:

  • Councillor T Halliwell (In the Chair)
  • Councillor B Merry
  • Councillor W Wilkes

82.4 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 Nos     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 Adult Services Department.  82.5  1 (information about any named person)

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

The appellant’s representative, together with representatives of management then entered the meeting. During the appeal, management called five witnesses to give evidence. Each side submitted their case to the Sub Committee and answered questions.

Both sides withdrew from the meeting whilst the Sub Committee considered its decision.

Resolved: The Sub Committee is satisfied that having heard the evidence presented by management and the appellant’s representative, the allegations made against the appellant resulting in his dismissal are substantiated and that the appellant’s actions amount to gross misconduct. It is the Sub Committee’s decision therefore to uphold management’s decision and the appeal is dismissed.

(Note: Both sides were informed of the Sub-Committee’s decision in writing.) 

83 Objections to the proposed variation to hackney carriage fares: The Committee considered a report which advised Members of objections to the proposed variation to hackney carriage fares. This item had been considered on two previous occasions (minutes 78 and 82.1 refer) by the Committee and the Sub Committee who agreed to re-visit the formula. The increase in hackney carriage fares was a direct result of the formula.

Items 2.1 and 2.2 on page 3 of the report had the incorrect date of 14 March 2008, this was amended at the meeting to 17 March 2008.

Under Section 65 of the Local Government (Miscellaneous Provisions) Act 1976, the change in fares was advertised in the Wigan Reporter on 24 January 2008 and eight objections were received.

The Committee stressed the point that the increase in fares was optional for hackney carriage drivers and that they were not compelled to increase fares. An increases in fares did not benefit the Council in any way as they contribute directly to the driver. A press release will be issued to clarify this position.

Resolved: The Committee rejects the objections and retains the variation in hackney carriage fares to take effect from 17 March 2008.

Chairman

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