Regulation Committee - Wednesday, 10 September 2008

Present at the meeting:

Councillor W Rotherham (in the Chair)
Councillor S C Barnes
Councillor W Carney
Dr Councillor C Cottam
Councillor Eccles-Churton
Councillor G A Fairhurst
Councillor Ms P L Holland
Councillor Mrs J Hurst
Councillor Mrs Y Klieve
Councillor P A Liptrot
Councillor B Merry
Councillor Mrs J M Peet
Councillor W Wilkes

11 Apologies for Absence: Councillor J Hilton.

12 Minutes: The minutes of the meeting of this Committee held on 18 July 2008 were approved as a correct record.

13 Minutes of the Regulation Sub Committee: Resolved: The Committee confirms the minutes of the meetings of the Regulation Sub Committee held on 27 June, 4 July and 25 July 2008 and the Regulation Ad Hoc Committee held on 4 August and 11 August as set out below:-

Regulation Sub Committee 27 June 2008

Present at the meeting:

Councillor J Hilton (Cabinet Champion)
Councillor Ms P L Holland
Dr Councillor C Cottam

13.1 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 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	Application for the grant of a street trading consent	13.2	1 (Information about any named person)
E2	Private hire driver – breach of licence condition and notification of a conviction	13.3	1 (Information about any named person)

13.2 Application for the grant of a street trading consent: This item was withdrawn.

13.3 Private hire driver – breach of licence condition and notification of a conviction: The Sub Committee considered a report, which advised Members of a breach of a licence by a private hire driver, for failure to notify the Council of a conviction imposed on her.

The applicant attended the hearing and answered questions.

Resolved: The Sub Committee:-

permitS the private hire driver to keep her licence;
issues a written warning to the applicant;
requests the Licensing Department to amend the wording of
the notification of convictions on the statutory declaration and
private hire driver licence condition form to now incorporate
the words “including non motoring offences”; and
requests the Licensing Department to amend the order of conditions on the private hire driver licence condition form, so that notification of any convictions is the first condition listed and that this is printed in bold type.

Regulation Sub Committee 4 July 2008

Present at the meeting:

Councillor J Hilton (Cabinet Champion)
Councillor S C Barnes
Councillor Mrs Y Klieve

13.4 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 licence to drive private hire vehicles	13.5	1 (Information about any named person)

13.5 Application for a licence to drive private hire vehicles: The Sub Committee considered a report, which advised Members of an application to drive private hire vehicles.

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

Resolved: The Sub-Committee grants the licence with a severe warning regarding the driver’s future conduct.

Regulation Sub Committee 25 July 2008

Present at the meeting:

Councillor J Hilton (Cabinet Champion)
Councillor Ms P L Holland
Councillor W Carney

13.6 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 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)
E2	Application for a licence to drive private hire vehicles	13.8	1 (Information about any named person)
E3	Application for a private hire vehicle licence.	13.9	1 (Information about any named person)
E4	Private hire driver - complaint	13.10	1 (Information about any named person)

13.7 Application for the grant of a street trading consent: The Sub Committee considered a report, which advised Members of an application for the grant of a street trading consent.

The applicant attended the meeting and answered questions.

Representatives from the Council’s Engineering Section and Licensing Enforcement Section attended the meeting and answered questions.

Three letters of objection had been received and one interested party attended the meeting and answered questions.

Resolved: The Sub-Committee grants the application.

13.8 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 and his representative attended the meeting and answered questions.

Resolved: The Sub-Committee refuses to grant the application and suggests that the applicant re-apply in 12 months time.

13.9 Application for a private hire vehicle licence: This item was withdrawn.

13.10 Private hire driver – complaint: The Sub Committee considered a report, which advised Members of a complaint concerning a currently licensed private hire driver as not being a fit and proper person to hold a licence.

Three witnesses attended the meeting and answered questions regarding the driver’s dishonest conduct towards their businesses.

The driver did not attend the meeting and could not be traced as he has moved address without notifying the Licensing Section of his change of address.

Resolved: The Sub-Committee revokes the private hire licence as it does not consider the driver to be a fit and proper person to continue to hold a private hire driver licence for the reasons set out below:

the driver has changed address without notifying the Licensing Section therefore breaching the condition of his licence; and
the driver has been accused of dishonest conduct and in the absence of any explanation from him there are significant concerns as to whether he is honest and trustworthy in his dealings with the public.

Regulation (Ad Hoc) Committee 4 August 2008

Present at the Meeting:

Councillor P Prescott (In the Chair)
Councillor B Merry
Councillor J Hilton

13.11 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 a final written warning by an employee in the Adult Services Department	13.12	1 (information about any named person)

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

The appellant, together with representatives of management then entered the meeting. During the appeal, management called four witnesses. Each side submitted their case to the Committee and answered questions.

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

The Committee decided to uphold management’s decision to issue a final written warning for gross misconduct on the grounds that the appellant:

behaved in an abusive manner towards two managers from the Staff Development Team; and
behaved in an aggressive manner towards two managers from the Staff Development Team.

The Committee also felt that the appellant had failed to maintain the high standards of conduct expected from a local Government employee.

The Committee was not satisfied that the allegation made against the appellant in regard of breaching the Council’s Dignity at Work Policy was proven.

Resolved: The Committee upholds management’s decision and the appeal is dismissed.

Regulation (Ad Hoc) Committee 11 August 2008

Present at the Meeting:

Councillor T Halliwell (In the Chair)
Councillor J Eccles-Churton
Councillor W Wilkes

13.13 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 by an employee in the Environmental Services Department	13.14	1 (information about any named person)

13.14 To hear an appeal against dismissal 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. Management and the appellant had submitted written and oral 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 Committee and answered questions.

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

The Committee decided to uphold management’s decision to terminate employment with the Council under the sickness capability procedures as levels of sickness had prevented the employee from attending work regularly and fulfilling his contract of employment.

Resolved: The Committee upholds management’s decision and the appeal is dismissed.

14 Application for the registration of land as a town or village green – land known as Westwood Cornfield, Lower Ince, Wigan: The Committee considered a report, from the Service Director Borough Solicitor requesting the Members to accept the recommendations of the Council appointed Inspector (Counsel) following a non-statutory Public Inquiry held on 3-5 June 2008.

Resolved: That this Committee accepts the recommendations of Counsel in his written report dated 22 August 2008 and resolves to:-

(1) amend the application by excluding the residential property known as
Arrow Wood;

(2) amend the application by excluding the two areas of land shown cross-
hatched on Plan A attached to Counsel’s written report; and

(3) reject the amended application to register the land described as Westwood
Cornfield as a Town or Village Green on the basis Section 15(2) of the
Commons Act 2006 does not apply, because there is insufficient evidence
of the required use of the land for lawful sports and pastimes and the
claimed neighbourhood is an artificial area drawn on a plan and does not
amount to a neighbourhood within the meaning of the section.

15 New consumer protection legislation: The Committee considered a report from the Director of Environmental Services dated 3rd July 2008 which informed Members of significant changes to consumer protection legislation. The new law will benefit both consumers and local businesses by offering protection from unfair practices and unscrupulous traders.

Resolved: The Committee notes the report now submitted.

16 Hackney carriage and private hire vehicles conditions: The Committee considered a report, from the Director of Environmental Services dated 2nd September 2008 which proposed the imposition of additional conditions on hackney carriage and private hire vehicle licences.

The additional conditions will enable the vehicle proprietor to attach a trailer to a private hire vehicle or Hackney Carriage for the purpose of carrying excess luggage.

Resolved: The Committee approves the 21 additional conditions set out in 1.4 and 4.1 of the report and the proposal that the Council’s Inspection Manual be updated to reflect the additional changes and inspection requirements as set out in 2.1 of the report.

17 Application for the grant of a licence to drive private hire vehicles: The Committee considered a report, from the Director of Environmental Services dated 1st September 2008 which advised Members of an application for a licence to drive private hire vehicles.

Resolved: The Committee grants the application.