Meeting documents

Apologies for absence were submitted on behalf of Councillors Mrs Ball, Mrs Hothersall and Pimblett.

Councillor Rainsbury declared a prejudicial interest in minute no. 23?because he was known to the applicant.

Councillor Ms Bell declared prejudicial interests in minute nos. 27 and 29 because she was known to the applicants.

Councillor C Tomlinson declared a personal interest in minute no 30 because the applicant was a local resident in his ward.

RESOLVED (UNANIMOUS): that the minutes of the meeting held on 20 August 2013 be approved as a correct record and signed by the chairman.

(Councillor Rainsbury declared a prejudicial interest in this item because he was known to the applicant and left the meeting during the consideration and voting thereon. In the absence of the vice chairman, it was agreed that Councillor C Tomlinson took chair for this item.)

A request was submitted to waive the requirement to display private hire vehicle licence plates on a black Chrysler Grand Voyager (registration number D14 MRH).

The meeting was adjourned at 6.04pm to allow members of the committee an opportunity to inspect the vehicle.

The meeting resumed at 6.08pm.

The applicant, Mr House, attended the meeting and addressed the committee.

RESOLVED (UNANIMOUS): that Mr House?s request to waive the requirement to display the vehicle plate the black Chrysler Grand Voyager (registration number D14 MRH), be approved subject to the following -

1. The private hire driver's badge must be worn by the driver of the vehicle at all times.
2. That the standard Condition 6 attached to the grant of a Private Hire Vehicle Licence not be enforced and substituted by:
There is no requirement to fix a plate to the exterior of the vehicle but instead the notice issued under Section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976 exempting the licence holder from the need to display a plate on the vehicle be carried to confirm the vehicle is licenced. The notice must be carried on the vehicle at all times and readily available if required by an authorised officer of the council.
3. That Condition 23(c) attached to grant of a Private Hire Vehicle Licence relating to the external affixing of door signs not be enforced.
4. That Condition 6(a) attached to the grant of a Private Hire Vehicle Licence relating to the display of an internal vehicle card not be enforced.
5. That in the event of the vehicle being used for non-executive private hire work, the usual private hire licensing requirements be enforced.

A report was submitted regarding the feasibility of the introduction of a paperless system to receive applications in relation to Hackney Carriage and Private Hire Licensing.

The Licensing Unit had been approached by the ICT Department, as part of the review of Licensing, as to the suitability of paperless systems for the receipt of hackney carriage and private hire licensing applications. This followed the transfer of Licensing from Legal Services to Environmental Health.

The licensing of hackney carriage and private hire drivers, vehicles and operators was governed by the Town Police Clauses Act 1847, Byelaws and the council?s adoption of the Local Government (Miscellaneous Provisions) Act 1976 and subsequent Conditions.

As such, changes to the current process must be agreed by General Licensing Committee before they could take effect.

In the long term, the introduction of these systems would see the Licensing Unit move away from its current software package, LALPAC and onto a system currently in use within the council, Firmstep.

The committee noted the concerns detailed in the report over the abandonment of signatures on council paperwork, and where that would leave the authority if it was to pursue issues perhaps relating to convictions, where a signature has not been obtained by the applicant/licence holder. The committee further considered whether the council could prove to a court that an unsigned application containing materially false declarations could be enough to prosecute on. It had subsequently been proposed to leave a declaration with the licence, when placed for collection, for the holder to sign to confirm the information submitted was correct. This would necessitate the creation of a declaration, and would mean that licence holders could only pick up their own licences.

Canvassing of other authorities within the North West region of the Institute of Licensing had found that no other councils allow just electronic application to be made. Currently, in law, this was also the case for applications made in accordance with the Licensing Act 2003 and Gambling Act 2005.

In order to facilitate these proposed changes, alterations would need to be made to the current guidance documents for drivers, the council?s website, all application information and the department?s renewal letters. These tasks would require time to complete.

It would also seem prudent to send a mailshot to all licence holders in preparation of these changes, should they be agreed.

RESOLVED (UNANIMOUS): that consideration of the matter be deferred to a future meeting of this committee for the following reasons ?

(i) further information on how the issues detailed in the report submitted would be addressed (together with detailed costings on how much the council would save with this new system); and

(ii) subject to (i) above, a representative from the ICT Department be asked to attend and demonstrate how the proposed electronic paperless method would work on a system currently in use within the council Firmstep.

Further to minute no. 4, 5 June 2013, Autosave (Bamber Bridge) Ltd did not return the requisite questionnaire to be accepted as an approved Testing Station in time for the new stations to come on for 1 October 2013. Accordingly, they were not added to the list of approved garages. The total number of Testing Stations was now ten.

RESOLVED (UNANIMOUS): that the information provided be noted.
?

RESOLVED (UNANIMOUS): that the press and public be excluded from the meeting during the consideration of the following items of business as it involved the discussion of information which was defined as exempt from publication under paragraphs 1 and 2 (information relating to an individual and information which was likely to reveal the identity of an individual) of Part I of Schedule 12A of the Local Government Act 1972 and in which the public interest in maintaining the exemption outweighed the public interest in disclosing it.

(Councillor Ms Bell declared a prejudicial interest in this item because she was known to the applicant and left the meeting during the consideration and voting thereon.)

A report was submitted concerning the holder of a hackney carriage driver's licence.

The holder of the licence, Mr Tomlinson (accompanied by his friend), attended the meeting and addressed the committee.

RESOLVED (UNANIMOUS): that Mr Tomlinson shall be allowed to keep his hackney carriage driver?s licence on this occasion.

An application for a private hire driver?s licence was submitted.

The applicant, Mr Imran (accompanied by his interpreter/friend), attended the meeting and addressed the committee.

RESOLVED (UNANIMOUS): that Mr Imran?s application for a private hire driver?s licence be refused.
?

(Councillor Ms Bell declared a prejudicial interest in this item because she was known to the applicant and left the meeting during the consideration and voting thereon.)

An application for the renewal of a hackney carriage driver?s licence was submitted.

The applicant, Mr O?Sullivan (accompanied by his legal representative), attended the meeting and addressed the committee.

RESOLVED (UNANIMOUS): that Mr O?Sullivan?s application to renew his hackney carriage driver?s licence be granted.

(Councillor C Tomlinson declared a personal interest in this item because the applicant was a local resident in his ward, but was able under the council?s Code of Conduct to remain in the meeting and take part in the discussion.)

An application for a hackney carriage driver?s licence was submitted.

The applicant, Mr Washington, attended the meeting and addressed the committee.

RESOLVED (UNANIMOUS): that Mr Washington be granted a hackney carriage driver?s licence.