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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

36.

Apologies

Minutes:

There were no apologies for absence received.

37.

Membership of the Committee

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

Minutes:

In accordance with Council Procedure Rule 4, the Committee noted the termination of membership of Councillor Kay, and the appointment of Councillor Currie for this meeting only, thereby giving effect to the wishes of the political groups.

38.

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.

39.

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.

40.

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 12 – Application for Private Hire Driver Licence WK/000232352 as the Applicant was known to him.

41.

Minutes of Sub - Committees or Working Groups

There are no minutes to receive.

Minutes:

There were no minutes to receive.

42.

Minutes pdf icon PDF 284 KB

To receive as a correct record the minutes of the meeting held on 10 October 2017.

Minutes:

RESOLVED:             That the Minutes of the meeting held on 10 October 2017 be received as a correct record and signed by the Chairman.

43.

Approval of Hackney Carriage and Private Hire Policy Statement 2018 pdf icon PDF 161 KB

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

Additional documents:

Minutes:

Consideration was given to the report of the Director of Leisure and Wellbeing as contained on pages 241 to 394 of the Book of Reports which sought Members approval of the Hackney Carriage and Private Hire Policy Statement 2018.

 

The Commercial, Safety and Licensing Manager outlined the report and responded to comments and questions raised by Members.

 

RESOLVED:             That having regard to the response to the public consultation contained in the report, the Hackney Carriage and Private Hire Licensing Policy Statement 2018 attached at Appendix 2 to this report be approved for use from 1 February 2018 with the addition of an amendment to the text contained in paragraphs 12.30 and 16.30 to clarify the existing requirement for drivers to disclose convictions, formal cautions or other matters during the period of licence.

 

44.

Licensing Fees and Charges 2018/19 pdf icon PDF 299 KB

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

Minutes:

Consideration was given to the report of the Director of Leisure and Wellbeing as contained on pages 395 to 403 of the Book of Reports which was to consider proposed changes in Licensing fees and charges for the period 1 April to 31 March 2019.

 

The Commercial, Safety and Licensing Manager outlined the report and responded to comments and questions raised by Members.

 

RESOLVED: A.        That with effect from 1 April 2018, the proposed changes in Hackney Carriage and Private Hire Licensing fees and charges as contained in Table 1 in the report be approved.

 

B.         That delegated authority is granted to the Director of Leisure and Wellbeing Services to give notice under Section 70 of the Local Government (Miscellaneous Provisions) Act 1976 of the Councils intention to vary the fees and charges for vehicle, driver and operator licences.

 

C.        That with effect from 1 April 2018, the proposed fees and charges contained in Table 2 in the report be approved.

45.

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.

46.

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.

 

RESOLVED:             That Private Hire Driver Licence Number WK/000229122 be 'not proceeded with'.

47.

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.

 

The Applicant attended the meeting with his wife 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/000232352 be GRANTED.

 

(Note 1: Councillor Devine declared a pecuniary interest in relation to this item as the Applicant was known to him, and therefore left the Chamber during consideration of this item).

 

(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).

48.

Application for Private Hire Driver Licence - WK/000234945

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/000234945 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/000234945 be deferred one cycle in order to allow receipt of the DBS report.

 

49.

Application for Private Hire Driver Licence - WK/000235062

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/000235062 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/000235062 be REFUSED.

 

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

 

50.

Application for Private Hire Driver Licence - WK/000234379

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/000234379 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/000234379 be GRANTED.

 

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