Regulation Committee - Friday 3 April 2009

Minutes of the Regulation Committee held on Friday 3 April 2009

Present at the meeting:

  • Councillor J Hilton (in the Chair)
  • Councillor W Carney
  • Dr Councillor C Cottam
  • Councillor J Eccles-Churton
  • Councillor G A Fairhurst
  • Councillor Ms P L Holland
  • Councillor Mrs J Hurst
  • Councillor Mrs Y Klieve
  • Councillor P A Liptrot
  • Councillor W Rotherham
  • Councillor W J Wilkes

64 Apologies for Absence: S C Barnes, J S Birch, B Merry and Mrs M J Peet.

65 Minutes: The minutes of the meeting of this Committee held on 13 March 2009 were approved as a correct record.

66 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 licence to drive private hire vehicles 70 1 (Information about any named person)
E2 Private hire driver – information on enhanced CRB check 71 1 (Information about any named person)
E4 Licensed private hire vehicle - suspension  72 1 (Information about any named person) 

67 Minutes of the Regulation Ad Hoc Committee: Resolved: The minutes of the meeting of the Regulation Sub Committee held on 20 February 2009 and the Regulation Ad Hoc Committee held on 26 February 2009 and 27 February 2009 were approved as a correct record:-

Regulation Sub Committee - 20 February 2009

Present at the meeting:

  • Councillor J Hilton (Cabinet Champion)
  • Councillor Mrs Y Klieve
  • Cuncillor W Wilkes

67.1 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. (to be added)   Description of Exempt Information by reference to Paragraph Number in Schedule 12A of the Local Government Act 1972  
E1 Licensed private hire vehicle - suspension  67.2 3 (Information about the financial or business affairs of any person or organisation, including the council) 

67.2 Licensed private hire vehicle - suspension: The Sub Committee considered a report which advised Members of the suspension of a licensed private hire vehicle licence.

The applicant did not attend the hearing. Since the publishing of the report, the applicant had surrendered the vehicle licence and no longer wished to use the vehicle as a private hire vehicle.

Resolved: The Sub Committee revokes the licence therefore the vehicle is no longer 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 and it is outside the Council’s policy guidelines on vehicles that it is prepared to licence as hackney carriages and private hire vehicles. If any further application were made to license the vehicle as a private hire or hackney carriage, the application should be brought before the Committee.


Regulation (Ad Hoc) Committee - 26 February 2009

Present at the Meeting:

  • Councillor P Prescott (In the Chair)
  • Councillor B Merry
  • Councillor Mrs Y Klieve

67.3 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. (to be added)   Description of Exempt Information by reference to Paragraph Number in Schedule 12A of the Local Government Act 1972  
E1 To hear an appeal against dismissal by an employee in the Adult Services Department  67.4 1 (information about any named person). 

67.4 To hear an appeal against dismissal by an employee in the Adult Services Department: The Head of People’s Services informed the Committee that an employee from the Adult Services Department had submitted an appeal against dismissal. Management had submitted written and oral evidence to support their case.

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

The chairman adjourned the meeting to deliberate and reach a decision.

Resolved: The Committee has decided to uphold management’s decision to dismiss the appellant for gross misconduct and the appeal is dismissed.


Regulation (Ad Hoc) Committee - 27 February 2009

Present at the Meeting:

  • Councillor T Halliwell (In the Chair)
  • Councillor B Merry
  • Councillor G A Fairhurst

67.5 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. (to be added)   Description of Exempt Information by reference to Paragraph Number in Schedule 12A of the Local Government Act 1972  
E1 To hear an appeal against dismissal by an employee in the Adult Services Department  67.6  1 (information about any named person). 

67.6 To hear an appeal against dismissal by an employee in the Adult Services Department: The Head of People’s Services informed the Committee that an employee from the Adult Services Department had submitted an appeal against dismissal. Management 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 two witnesses. Each side submitted their case to the Committee and answered questions.

The chairman adjourned the meeting to deliberate and reach a decision.

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

68 Hackney carriange and private hire vehicle drivers - training: The Committee considered a report of the Executive Director of Environmental Services, which advised Members of proposed accreditation for training for hackney carriange and private hire drivers and of the provision of funding for the training.

The proposed qualification would assist drivers with health and safety issues in their work environment and also assist them to drive vehicles in a more safe and efficient manner.

Resolved: The Committee approves the action being taken to establish a voluntary training scheme for hackney carriage and private hire drivers.

69 Pavement Café/Trade Display Policy: The Committee considered a report of the Executive Director of Environmental Services, which informed Members of a proposal to introduce a policy relating to the issue of pavement café or trade display licences.

Resolved: The Committee notes the report.

70 Application for the grant of a licence to drive private hire vehicles: The Committee considered a report of the Executive Director of Environmental Services, which advised Members of an application for a licence to drive private hire vehicles.

The applicant attended the hearing and answered questions.

Resolved: The Committee refuses to grant the application on the grounds that the applicant is not a fit and proper person to hold a private hire drivers licence and he should re-apply when he has completed 100 hours community service.

71 Private hire driver – information on enhanced CRB check: The Committee considered a report of the Executive Director of Environmental Services, which advised Members of information received as a result of an enhanced Criminal records Bureau check made on a current licensed private hire driver.

The applicant attended the hearing and answered questions.

Resolved: The Committee decided to take no action.

72 Licensed private hire vehicle - suspension: The Committee considered a report of the Executive Director of Environmental Services, which advised members of the suspension of a currently licensed private hire vehicle licence.

The applicant attended the hearing and answered questions.

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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