Present at the meeting:
- Councillor J Hilton (in the Chair)
- Councillor Mrs M J Peet
- Councillor S C Barnes
- Councillor A Robinson
- Councillor Mrs J Birch
- Councillor W Rotherham
- Councillor J Eccles-Churton
- Councillor W Wilkes
84 Apologies for Absence: Councillors J B Baldwin, P Prescott, M Baines, W Carney, Dr C Cottam, G A Fairhurst and B Merry.
85 Minutes: The minutes of the meeting of this Committee held on 5 March 2008 were approved as a correct record.
86 Minutes of the Regulation Sub Committee: Resolved: The Committee confirms the minutes of the meeting of the Regulation Sub held on 14 March and Ad Hoc Committees held on and 29 February, 7 March and 20 March 2008 as set out below:-
Regulation Sub Committee - 14 March 2008
Present at the Meeting:
- Councillor P Prescott (Chairman)
- Councillor Mrs J Birch
- Councillor W Carney
86.1 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 |
86.2 |
3 (Information relating to the financial or business affairs of any particular person (including the authority holding that information)) |
| E2 |
Application for a licence to drive private hire vehicles |
86.3 |
1 (Information relating to any individual) |
86.2 Private hire vehicle – licence suspension: This item was withdrawn.
86.3 Application for a licence to drive private hire vehicles: The Sub Committee considered a report which advised Members of an application for a licence to drive private hire vehicles.
The applicant attended the meeting and answered questions.
Resolved: The Sub-Committee grants the licence but issues the driver with a warning regarding his future conduct.
Chairman
Regulation (Ad Hoc) Committee - 29 February 2008
Present at the Meeting:
- Councillor T Halliwell (In the Chair)
- Councillor B Merry
- Councillor W Wilkes
86.4 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 Adult Services Department. |
86.5 |
1 (information about any named person). |
86.5 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 two 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 decision made by management to dismiss the employee under the Sickness Capability Process was the correct one. The Sub Committee therefore agrees to uphold management’s decision and the appeal is dismissed.
Chairman
Regulation (Ad Hoc) Committee - 7 March 2008
Present at the Meeting:
- Councillor T Halliwell (In the Chair)
- Councillor B Merry
- Councillor P Prescott
86.6 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 |
Title of Report |
Reason (under Schedule 12A of the Local Government Act 1972) |
| E1 |
To hear an appeal against dismissal by an employee in the Legal and Property Services Department. |
86.7 |
1 (information about any named person) |
86.7 To hear an appeal against dismissal by an employee in the Legal and Property Services Department: The Head of Personnel informed the Sub Committee that an employee of the Legal and Property Services Department had submitted an appeal against dismissal. 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 and the appellant called witnesses. 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.
Chairman
Regulation (Ad Hoc) Committee - 20 March 2008
Present at the Meeting:
- Councillor T Halliwell (In the Chair)
- Dr Councillor C Cottam
- Councillor W Wilkes
86.8 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 sickness absence procedure |
86.9 |
1 (information about any named person) |
86.9 To hear an appeal against sickness absence procedure 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 the sickness absence procedure. 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. 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 accepts that the terminology used in the appellant’s letter from his manager is a departure from / does not comply with the terminology as agreed by the Council and the unions. The letter will therefore be re-issued with the correct wording.
The Sub Committee requests that all relevant managers dealing with the management of sickness absence be reminded to use the terminology as agreed by the Council and the unions.
87 Application for Registration of Land as a Town or Village Green - Land known as Westwood Cornfield, Lower Ince: The Committee considered a report which sought Members autority to determine this application by holding a non-statutory Public Inquiry with an independent barrister siting as Inspector.
Resolved: The Committee authorise a non-statutory Public Inqiry with an independent barrister sitting as Inspector and delegates authority to the Service Director Borough Solicitor to make the necessary arrangements connected with the holding of the inquiry.
