Agenda and minutes

Licensing, Environment & Safety Committee
Wednesday, 25th July, 2018 6.00 pm

Venue: Committee Room 2, Town Hall. View directions

Contact: Carol Hargreaves  (0161 474 3203)

Items
No. Item

1.

Minutes pdf icon PDF 49 KB

To approve as a correct record and sign the minutes of the meeting held on 20 June 2018.

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 20 June 2018 were approved as a correct record and signed by the Chair.

2.

Exclusion of the Public and the Public Interest Test

To consider whether it is in the public interest to exclude the public during the consideration of agenda items 6-8 that are marked "not for publication" by virtue of the paragraph 1 of the Local Government Act 1972 (as amended), as they contain ‘information relating to an individual’

 

Minutes:

RESOLVED – That the public be excluded from the meeting during consideration of Items 7-9 to prevent the disclosure of information relating to an individual as defined in Category 1 of Schedule 12A of the Local Government Act 1972 (as amended), the disclosure of which would not be in the public interest, would not be fair to the applicant and would breach their data protection principles.

3.

Declarations of Interest

Councillors and officers to declare any interests which they have in any of the items on the agenda for the meeting.

 

Minutes:

Councillors and Officers were invited to declare any interests which they had in any of the items on the agenda for the meeting.

 

No declarations were made.

4.

Urgent Decisions

To report any urgent action taken under the Constitution since the last meeting of the Committee.

Minutes:

A representative of the Corporate Director for Place Management and Regeneration reported that the Corporate Director, in consultation with the Chair, had taken urgent action under the constitution to suspend 19 hire car drivers’ licences.

 

RESOLVED – That the actions be noted.

5.

Public Question Time

Members of the public are invited to put questions to the Chair and members of the Committee on any matters within the powers and duties of the Committee, subject to the exclusions set out in the Code of Practice. (Questions must be submitted prior to the commencement of the meeting on the cards provided.  These are available at the meeting).

Minutes:

No public questions were submitted.

6.

Draft Licensed Vehicle Test standard - Consultation Results pdf icon PDF 52 KB

To consider a report of the Corporate Director for Place Management & Regeneration.

 

The report provides an update on the consultation on draft vehicle test standards which was approved by the Committee on 14 February 2018.

 

The Committee is recommended to note the report.

 

Officer contact: Sarah Tooth on 0161 474 4176 email sarah.tooth@stockport.gov.uk

Additional documents:

Minutes:

(NOTE: The Chair was of the opinion that this item, although not included on the agenda, should be considered as a matter of urgency in accordance with Section 100B(4)(b) of the Local Government Act 1972 in order that the Committee could give consideration to the results of the consultation on proposed Licensed Vehicle test Standards in advance of further discussions with the trade).

 

 A representative of the Corporate Director for Place Management & Regeneration submitted a report (copies of which had been circulated) providing an update on the consultation that had been undertaken with regard to a proposed vehicle test standard that had been endorsed by the Committee at its meeting on 14 February 2018.

 

It was reported that there were concerns that the responses received during the consultation fully represented the range of views of all stakeholders on the proposal.  In addition, there had been a number of developments since the draft vehicle test standards had been considered by the Committee which included proposals to introduce a Greater Manchester wide minimum test standard and amendments to the standard MOT test.

 

It was stated that in the light of these factors, it was proposed to undertake further consultation and engagement with the trade and wider public as part of the wider consultation on the development of a more co-ordinated approach at the Greater Manchester level to ensure high regulatory standards for Taxis and Private Hire services licensed by the Greater Manchester districts.

 

RESOLVED – That the report be noted.

Items Not for Publication

7.

Case No. P1669

Minutes:

(NOTE: The Chair was of the opinion that this item, although not included on the agenda, should be considered as a matter of urgency in accordance with Section 100B(4)(b) of the Local Government Act 1972 in order that the Committee could give consideration to the progress with regard to a previous determination of the Committee).

 

A representative of the Corporate Director for Place Management and Regeneration reported that at a meeting of the Committee on 20 June 2018, consideration was given to a driver’s conduct and it was determined that the driver’s licence should be suspended for a three week period and that the driver be instructed to write a letter of apology to the member of staff who had been subjected to the allegation of poor conduct.

 

It was reported that the driver had to date failed to write a letter of apology and that he would again be written to advising him of the determination of the Committee and that a failure to comply with its instruction would result in the matter being remitted back to the Committee for further consideration.

 

RESOLVED – That the report be noted.

8.

Case No. P1666

To consider a report of the Corporate Director for Place Management and Regeneration.

 

The report informs Members of a new applicant’s lack of understanding of both the spoken and written word in English.

 

The Committee is requested to consider whether the applicant is a fit and proper person to hold a hire car vehicle driver’s licence.

 

Officer contact: Peter Cooke on 0161 474 4851 or email: peter.cooke@stockport.gov.uk

Minutes:

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) which requested the Committee to consider whether the applicant was a fit and proper person to hold a hire car vehicle driver’s licence in the light of the applicant’s lack of understanding of the spoken and written word in English.

 

The Committee noted that the application had previously been considered on 20 June 2018 at which point the matter was deferred to a future meeting of the Committee to allow for a reasonable period of time for the applicant to become sufficiently proficient in the English language to allow his application to proceed.

 

The Committee interviewed the applicant in relation to these matters and in doing so noted that there had been a significant improvement in the applicant’s ability to converse with members and follow proceedings such that it was considered that it would be appropriate to allow the applicant to continue with his application.

 

RESOLVED – That the application be granted.

9.

Case No. P1674

To consider a report of the Corporate Director for Place Management ad Regeneration.

 

The report informs Members of the proposed licensed hire car vehicle driver’s previous convictions.

 

The Committee is requested to consider whether this applicant is a fit and proper person to hold a hire car vehicle driver’s licence.

 

Officer contact: Peter Cooke on 0161 474 4851 or email: peter.cooke@stockport.gov.uk

Minutes:

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) which requested the Committee to consider whether the applicant was a fit and proper person to hold a hire car vehicle driver’s licence in view of the applicant’s conviction for an offence.

 

The Committee interviewed the applicant in relation to these matters.

 

RESOLVED – That the application be granted.

10.

Case No. P1667

To consider a report of the Corporate Director for Place Management and Regeneration.

 

The report informs Members of the conduct of a new applicant.

 

The Committee is requested to consider whether the driver is a fit and proper person to continue to hold a hire car driver’s licence.

 

Officer contact: Peter Cooke on 0161 474 4851 or email: peter.cooke@stockport.gov.uk

Minutes:

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) which requested the Committee to consider whether the applicant was a fit and proper person to hold a hire car vehicle driver’s licence in view of allegations of misconduct on the part of the applicant during the applicant process.

 

The representative of the Corporate Director for Place Management and Regeneration advised the Committee that the driver had failed to attend the meeting.  However, the Committee noted that following the driver’s failure to attend to the previous meeting of the Committee the driver had been written to advising him that should he fail to attend on this occasion, then the matter would be heard in his absence.

 

The Committee therefore proceeded to consider the matter.

 

RESOLVED – That the application be refused on the grounds the applicant was not a fit and proper person to be licenced as a hire car driver by virtue of the applicant’s serious misconduct during the application process.