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Agenda and minutes

Venue: Council Chamber, 52 Derby Street, Ormskirk L39 2DF. View directions

Contact: Julia Brown  Email: julia.brown@westlancs.gov.uk

Items
No. Item

23.

Apologies

Minutes:

There were no apologies for absence received.

24.

Membership of the Committee

To be apprised of any changes to the membership of the Committee in accordance with Council Procedure Rule 4.

Minutes:

There were no changes to Membership of the Committee.

25.

Urgent Business

Note:  No other business is permitted unless, by reason of special circumstances, which shall be specified at the meeting, the Chairman is of the opinion that the item(s) should be considered as a matter of urgency.

 

Minutes:

There were no urgent items of business.

26.

Declaration of Party Whip

Party Whips are not to be used by this Committee in respect of functions concerning the determination of new Licence Applications, Revocations and Appeals.  When considering any other matter which relates to a decision of the Cabinet or the performance of any Member of the Cabinet, in accordance with Regulatory Committee Procedure Rule 9, Members must declare the existence of any Party Whip and the nature of it, before the commencement of the Committee’s deliberations on the matter.

 

Minutes:

There were no declarations of Party Whip.

27.

Declaration of Interest pdf icon PDF 299 KB

If a Member requires advice on Declarations of Interest, he/she is advised to contact the Borough Solicitor in advance of the meeting.  (For the assistance of members a checklist for use in considering their position on any particular item is included at the end of the agenda sheet).

Minutes:

Councillor Devine declared a pecuniary interest in relation to Agenda Item 11 – Application for Private Hire Driver Licence WK/000232352 as the Applicant was known to him. 

 

Councillor Devine also declared a pecuniary interest in relation to Agenda Item 12 – Application for Private Hire Driver Licence WK/000231487 as the Applicant was a personal friend to him.

 

Councillor Kay declared a pecuniary interest in relation to Agenda Item 13 – Application for Private Hire Driver Licence WK/000230807 as he had previously prosecuted the Applicant.

28.

Minutes of Sub - Committees or Working Groups

There are no minutes to receive.

Minutes:

There were no Minutes to receive.

29.

Minutes pdf icon PDF 272 KB

To receive as a correct record the minutes of the meeting held on 18 July 2017.

Minutes:

RESOLVED:             That the Minutes of the meeting held on 18 July 2017 be received as a correct record and signed by the Chairman.

30.

Exclusion of Press and Public

It is recommended that members of the press and public be excluded from the meeting during consideration of the following item(s) of business in accordance with Section 100A(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12A to the Act and as, in all the circumstances of the case the public interest in disclosing the information.  The nature of the exempt information and the relevant exemption paragraphs are shown in brackets after the report title.

 

Minutes:

RESOLVED    That under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following items of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 2 (Identity of an individual) and Paragraph 7 (Criminal Matters) part 1 of Schedule 12A outweighs the public interest in disclosing the information.

31.

APPLICATION FOR PRIVATE HIRE DRIVER LICENCE - WK/000229705

To consider the report of the Director of Leisure and Wellbeing.

(IDENTITY OF AN INDIVIDUAL/CRIMINAL MATTERS – Paragraphs 2 & 7)

Minutes:

Members were asked to consider an Application for a Private Hire Driver Licence Number WK/000229705 having regard to the content of the Statutory Declaration that accompanied the Application Form and any other relevant information.

 

The Applicant attended the meeting and was interviewed by the Committee during which he was advised of his right of appeal to the Magistrates Court if he was aggrieved by the decision.

 

RESOLVED:             That Private Hire Driver Licence Number WK/000229705 be GRANTED.

 

(The Officers from the Leisure and Wellbeing Services left the meeting as Members considered their decision in this case).

32.

APPLICATION FOR PRIVATE HIRE DRIVER LICENCE - WK/000229122

To consider the report of the Director of Leisure and Wellbeing.

(IDENTITY OF AN INDIVIDUAL/CRIMINAL MATTERS – Paragraphs 2 & 7)

Minutes:

Members were asked to consider an Application for a Private Hire Driver Licence Number WK/000229122 having regard to the content of the Statutory Declaration that accompanied the Application Form and any other relevant information.

 

In discussion, Members raised the issue of the delay in obtaining Applicants DVLA Reports.

 

The Commercial, Safety and Licensing Manager explained to Members that the DVLA postal mandate no longer provides driver licence history, as only live endorsements are shown.  Officers had also experienced significant delays in the return of some mandate information from the DVLA.  Members agreed to amend the Hackney Carriage and Private Hire Statement of Licensing Policy to allow use of the DVLA online mandate service, which would provide a more efficient service for applicants without reducing the adequacy of the Council's driver licence application procedure.

 

RESOLVED: A.        That Application Number WK/000229122 be deferred a further cycle in order to allow receipt of the DVLA Report.

 

B.         That the Hackney Carriage and Private Hire Statement of Licensing Policy be amended to allow Applicants use of the DVLA Mandate Service.

33.

APPLICATION FOR PRIVATE HIRE DRIVER LICENCE- WK/000232352

To consider the report of the Director of Leisure and Wellbeing.

(IDENTITY OF AN INDIVIDUAL/CRIMINAL MATTERS – Paragraphs 2 & 7)

Minutes:

Members were asked to consider an Application for a Private Hire Driver Licence Number WK/000232352 having regard to the content of the Statutory Declaration that accompanied the Application Form and any other relevant information.

 

RESOLVED:             That Private Hire Driver Licence Number WK/000232352 be deferred one cycle in order to allow receipt of the DVLA reports.

 

(Note: Councillor Devine declared a pecuniary interest in this item as the Applicant was known to him.  The item was deferred and therefore he did not leave the Chamber for this item).

34.

APPLICATION FOR PRIVATE HIRE DRIVER LICENCE - WK/000231487

To consider the report of the Director of Leisure and Wellbeing.

(IDENTITY OF AN INDIVIDUAL/CRIMINAL MATTERS – Paragraphs 2 & 7)

Minutes:

Members were asked to consider an Application for a Private Hire Driver Licence Number WK/000231487 having regard to the content of the Statutory Declaration that accompanied the Application Form and any other relevant information.

 

The Applicant attended the meeting with a representative and was interviewed by the Committee during which he was advised of his right of appeal to the Magistrates Court if he was aggrieved by the decision.

 

RESOLVED:             That Private Hire Driver Licence Number WK/000231487 be GRANTED.

 

(Note 1: Councillor Devine declared a pecuniary interest in relation to this item as the Applicant was personally known to him, and therefore left the Chamber during consideration of this item and did not return to the meeting following this item).

 

(Note 2: Councillor Owen declared an interest in relation to this item as the Applicants Representative was known to her and therefore left the Chamber during consideration of this item).

 

(Note 3: Councillor Delaney took the Chair for this item).

 

(Note 4: The Officers from the Leisure and Wellbeing Services left the meeting as Members considered their decision in this case).

35.

APPLICATION FOR PRIVATE HIRE DRIVER LICENCE - WK/000230807

To consider the report of the Director of Leisure and Wellbeing.

(IDENTITY OF AN INDIVIDUAL/CRIMINAL MATTERS – Paragraphs 2 & 7)

Minutes:

Members were asked to consider an Application for a Private Hire Driver Licence Number WK/000230807 having regard to the content of the Statutory Declaration that accompanied the Application Form and any other relevant information.

 

The Applicant attended the meeting and was interviewed by the Committee during which he was advised of his right of appeal to the Magistrates Court if he was aggrieved by the decision.

 

RESOLVED:             That Private Hire Driver Licence Number WK/000230807 be GRANTED.

 

(Note 1: Councillor Kay declared a pecuniary interest in this item as he had previously prosecuted the Applicant, and therefore left the Chamber during consideration of this item and did not return to the meeting).

 

(Note 2: Councillor Delaney took the Chair for this item).

 

(Note 3: The Officers from the Leisure and Wellbeing Services left the meeting as Members considered their decision in this case).