Regulation Committee - Friday, 13 March 2009

Minutes of the meeting of the Regulation Commitee held on Friday 13 March 2009

Present at the meeting:

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

55 Apologies for Absence: Councillors J S Birch, W Carney, G A Fairhurst, J Hilton and Mrs J Hurst,

56 Minutes: The minutes of the meeting of this Committee held on 13 February 2009 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. (to be added)  Description of Exempt Information by reference to Paragraph Number in Schedule 12A of the Local Government Act 1972
E2

Application for the grant of a private hire vehicle licence

59  1 (Information about any named person)
E3 Application for a licence to drive private hire vehicles 60 3 (Information about the financial or business affairs of any person or organisation, including the Council)
E4 Application for the grant of a licence to drive private hire vehicles 61 3 (Information about the financial or business affairs of any person or organisation, including the Council)
E5 Private hire vehicle driver - complaint 62 1 (Information about any named person)
E6 Application to licence a private hire vehicle 63 1 (Information about any named person)

58 Minutes of the Regulation Ad Hoc Committee: Resolved: The minutes of the meeting of the Regulation Ad Hoc Committee held on 19 December 2008 as were approved as a correct record:-

Regulation (Ad Hoc) Committee

19 December 2008

Present at the Meeting:

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

58.1 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 a grievance appeal by four employees in the Environmental Services Department 58.2 1 (information about any named person).

58.2 To hear a grievance appeal by four employees in the Environmental Services Department: The Head of People’s Services informed the Committee that four employees of the Environmental Services Department had submitted a grievance appeal against actions taken by management. Management had submitted written and oral evidence to support their case.

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

The Chairman adjourned the meeting and the Committee re-convened on Thursday 15 January 2009 to deliberate and reach a decision.

Resolved: The Committee upholds management’s actions and reject the employees’ claims. Chairman

59 Application for the grant of a private hire vehicle licence: The Committee considered a report which advised Members of an application for the grant of a private hire vehicle licence.

The applicant and his representative entered the meeting. The applicant called a witness into the room.

Resolved: The application is refused for the following reasons:

  • the Council cannot be satisfied that the vehicle meets the requirements of Section 48(1)(a)(iii) and (iv) of the Act in that the vehicle is not in a suitable mechanical condition or safe to be licensed as a private hire vehicle because of the mechanical defects as set out in this report; and
  • the vehicle is over six years old and is therefore outside the Council’s policy guidelines on vehicles that it is prepared to licence as hackney carriages and private hire vehicles.

The Committee also agrees that if any further application is made to license the vehicle as a private hire vehicle or hackney carriage, that application should be brought before the Committee.

(Councillor J Eccles-Churton declared a prejudicial interest in this item as the applicant is a member of his Ward and left the meeting during discussion thereon.) (Councillor B Merry declared a prejudicial interest in this item as the applicant’s witness is known to him 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.

Resolved: The application is granted with a severe warning regarding the applicant’s future conduct.

61 Application for the grant of a licence to drive private hire vehicles: The Committee considered a report which advised Members of an application for the grant of a licence to drive private hire vehicles.

The applicant attended the hearing.

Resolved: The application is granted.

62 Private hire vehicle driver - complaint: The 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.

The applicant did not attend the hearing and it was therefore heard in his absence.

Resolved: The licence is suspended until such time as the driver presents himself before the Regulation Committee.

63 Application to licence a private hire vehicle: The Committee considered a report which advised Members of an application for the grant of a private hire vehicle licence.

The applicant attended the hearing.

Resolved: The Committee will allow the applicant to carry out repairs to the vehicle and to have the vehicle re inspected and if it meets the Council’s fitness standards to grant a licence subject to the Council being satisfied that the vehicle complies with the requirements of Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976 (The Act).

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