Agenda and minutes

To approve as a correct record and sign the minutes of the meeting held on 30 January 2013.

The Minutes (copies of which had been circulated) of the meeting held on 30 January 2013 were approved as a correct record and signed by the Chair.

To consider whether it is in the public interest to exclude the public during the consideration of items (if any) on the agenda which are marked "not for publication" by virtue of the categories set out in the Local Government Act 1972 (as amended).

RESOLVED - That the public be excluded from the meeting during consideration of items 7 –14 to prevent the disclosure of information relating to an individual. It would not, on balance, be in the public interest to disclose this information because disclosure of the personal information would not be fair to the applicants and would breach their Data Protection rights.

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

No declarations were made.

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

A representative of the Service Director (Place Management) reported that the Service Director (Place Management) had, in consultation with the Chair, taken urgent action to suspend two hire car driver licences on the basis that the drivers had failed to submit a Disclosure and Barring Service form and a further hire car driver’s licence under the Road Safety Act 2006 in the interests of public safety on the basis that the driver had no legal right to reside in the UK and no permission to work in the country.

RESOLVED – That the actions be noted.

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 and at local libraries and information centres).

No public questions were submitted.

To consider a report of the Service Director (Place Management)

The report details information on Hackney Carriage vehicles licensed from outside of Stockport operating as Private Hire vehicles within the borough and the measures being taken by the Council to ensure that the safety of the travelling public is not compromised.

The Committee is recommended to consider the contents of this report with a view to recommending:-

(1) That the Licensing Team continue with a programme of targeted enforcement focussing on areas of non-compliance and in particular seeking to test compliance with plying for hire requirements.

(2) That the Licensing Team complete a review of Private Hire Operator’s conditions and report back to a future Licensing, Environment and Safety Committee meeting.

(3) That the Chair of the Committee be requested to write to Rossendale Borough Council’s Licensing Committee requesting that they implement a policy of only licensing drivers who will be plying for hire to a material extent within the local area in which they were issued and recommending that there be an immediate changes to the Rossendale vehicle condition which stipulates that the “this vehicle can be hailed” sticker must be displayed.

(4) That the Licensing Team continue to work with local Private Hire Operators to ensure all drivers operate to the standards expected within the Borough and to ensure that any rogue drivers are swiftly identified and dealt with.

(5) That the Licensing Team continue to engage with colleagues in AGMA to ensure a consistent approach to tackling issues raised Rossendale licensed drivers.

(6) That the Licensing Team continue to ensure that any safety concerns or concerns of criminal conduct by any licensed driver operating in the borough are brought to the attention of the travelling public.

Officer contact: Ian O’Donnell on 0161 474 4175 email: ian.odonnell@stockport.gov.uk

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) detailing information on Hackney Carriage vehicles licensed from outside of Stockport operating as Private Hire vehicles within the borough and the measures taken by the Council to ensure that the safety of the travelling public was not compromised.

RESOLVED – (1) That the continued action of the Council’s Licensing Team to target enforcement by focussing on areas of non-compliance and in particular seeking to test compliance with the plying for hire requirements be noted.

(2) That the Service Director (Place Management) be requested to submit a report to a future meeting of the Committee detailing the outcome of the ongoing review of the Private Hire Operator’s conditions as soon as practicable.

(3) That the Service Director (Place Management) in consultation with the Chair be requested to write to Rossendale Borough Council requesting that they give consideration to the implementation of a policy whereby they would only consider licensing drivers who would ply for hire to a material extent within the local area in which they were issued and further that Rossendale Borough Council’s vehicle condition which stipulates that a sticker must be displayed which states “this vehicle can be hailed” be changed to avoid confusion when the vehicle operated outside the Borough’s boundaries.

(4) That it be noted that the Service Director (Place Management) continued to work with local Private Hire Operators to ensure all drivers operated to the standards expected within the Borough and to ensure that any drivers operating outside the conditions of their licence were promptly identified and dealt with.

(5) That it be noted that the Service Director (Place Management) continued to engage with licensing authorities throughout Greater Manchester to ensure a consistent approach to tackling those issues raised with regard to those drivers and vehicles licensed by Rossendale Borough Council and further that it be requested that insofar as possible a co-ordinated response to these issues be developed across the Greater Manchester area.

(6) That it be noted that the Service Director (Place Management) would continue to ensure that any safety concerns or concerns of criminal conduct by any licensed driver operating in the Borough were brought to the attention of the travelling public.

To consider a report of the Service Director (Place Management).

The report details an application to continue a Licensed Hire Car driver's licence following a six month probationary period.

The Committee is recommended to considerwhether the applicant is to retain the drivers licence on consideration of the 6 month probationary period.       

Officer contact: Ian O’Donnell on 474 4175 or email: ian.odonnell@stockport.gov.uk

A representative of the Service Director (Place Management) submitted a report (copies of which were circulated) requesting the Committee to consider the suitability of the driver to continue to be licensed as a private hire car driver in the light of his initial licence being granted for a probationary six month period.

The Committee interviewed the driver in relation to this matter.

RESOLVED – That the licensed private hire car driver be authorised to continue to hold his licence for a further six month period.

To consider a report of the Service Director (Place Management).

The report details an application for the grant of a licensed hire car driver’s licence.

The Committee is recommended to consider whether or not the applicant is a fit and proper person to hold a drivers licence.

Officer contact: Ian O’Donnell on 474 4175 or email: ian.odonnell@stockport.gov.uk

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Committee to consider the suitability of the applicant to be licensed as a private hire car driver following a conviction for an offence being disclosed on a Disclosure and Barring Service check.

The Committee interviewed the applicant in relation to this matter.

RESOLVED – That the application be granted.

To consider a report of the Service Director (Place Management).

The report details an application for the grant of a licensed hire car driver’s licence.

The Committee is recommended to consider whether or not the applicant is a fit and proper person to hold a drivers licence.

Officer contact: Ian O’Donnell on 474 4175 or email: ian.odonnell@stockport.gov.uk

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Committee to consider the suitability of the applicant to be licensed as a Hackney Carriage driver following a number of convictions being disclosed a Disclosure and Barring Service check.

The Committee interviewed the applicant in relation to this matter who was accompanied by his son and a friend of the family.

The applicant submitted additional information which he requested the Committee to give consideration to prior to the determination of the application.

RESOLVED – That the application be granted for a probationary six month period.

To consider a report of the Service Director (Place Management).

The report details an application for the grant of a licensed hire car driver’s licence.

The Committee is recommended to consider whether or not the applicant is a fit and proper person to hold a drivers licence.

Officer contact: Ian O’Donnell on 474 4175 or email: ian.odonnell@stockport.gov.uk

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Committee to consider the suitability of the applicant to be licensed as a private hire car driver following a number of convictions being disclosed on a Disclosure and Barring Service check.

The Committee interviewed the applicant in relation to these matters.

RESOLVED – That the application be granted.

To consider a report of the Service Director (Place Management).

The report details an application for the grant of a licensed hire car driver’s licence.

The Committee is recommended to consider whether or not the applicant is a fit and proper person to hold a drivers licence.

Officer contact: Ian O’Donnell on 474 4175 or email: ian.odonnell@stockport.gov.uk

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Committee to consider the suitability of the applicant to be licensed as a private hire car driver following a conviction for an offence being disclosed on a Disclosure and Barring Service check.

The Committee interviewed the applicant in relation to this matter.

RESOLVED – That the application be granted.

To consider a report of the Service Director (Place Management).

The report details an application for the grant of a licensed hire car driver’s licence.

The Committee is recommended to consider whether or not the applicant is a fit and proper person to hold a drivers licence.

Officer contact: Ian O’Donnell on 474 4175 or email: ian.odonnell@stockport.gov.uk

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Committee to consider the suitability of the applicant to be licensed as a private hire car driver following a conviction for an offence being disclosed on a Disclosure and Barring Service check.

The Committee interviewed the applicant in relation to this matter.

RESOLVED – That the application be granted.

To consider a report of the Service Director (Place Management).

The report details an application for the grant of a licensed hire car driver’s licence.

The Committee is recommended to consider whether or not the applicant is a fit and proper person to hold a drivers licence.

Officer contact: Ian O’Donnell on 474 4175 or email: ian.odonnell@stockport.gov.uk

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Committee to consider the suitability of the applicant to be licensed as a private hire car driver following a conviction for an offence being disclosed on a Disclosure and Barring Service check.

The Committee interviewed the applicant in relation to this matter who was accompanied by his friend.

RESOLVED – That the application be granted.

To consider a report of the Service Director (Place Management).

The report provides details of a driver’s recent conviction.

The Committee is recommended to consider what action to take, if any, with regard to the driver’s conviction.

Officer contact: Ian O’Donnell on 474 4175 or email: ian.odonnell@stockport.gov.uk

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Committee to consider the suitability of the driver to continue to be licensed as a private hire car driver following a number of allegations relating to the driver’s conduct.

A representative of the Service Director (Place Management) circulated additional information received on behalf of Greater Manchester Police. This information was supplied to the driver before the meeting and he was content to proceed.

The driver gave his recollection of events and the Committee interviewed the driver in relation to these matters.

RESOLVED – That the Committee was not satisfied as to the truth of the information given by the driver:

-       He was vague as to the distance he travelled with the other person on the bonnet of the car whereas this information was very specific in the statements

-       He had given two different reasons for failing to surrender his driver’s identity badge

-       He did not contradict the evidence in the statement from the Manchester Enforcement Officer

In addition the Committee was concerned that he disregarded the safety of the public by

-       By using his car to try to push a person out of the way

-       Driving with a person on his bonnet

-       Driving with a rear door open

-       Nearly running over the Manchester Enforcement Officer

In light of the above and the fact that the driver had previously had a formal warning the Committee therefore determined that in the light of all the evidence presented the driver was not a fit and proper person to hold a licence and that the only course of action available was to revoke the driver’s licence.