Agenda and minutes

To approve as a correct record and sign the minutes of the meeting held on 9 October 2013.

The Minutes (copies of which had been circulated) of the meeting held on 9 October 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in the public interest to exclude the public during the consideration of items (if any) on the agenda which are marked "not for publication" by virtue of the categories set out in the Local Government Act 1972 (as amended).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be excluded from the meeting during consideration of items 7 - 11 to prevent the disclosure of information which was not for publication relating to an individual as defined in Category 1 of Schedule 12A of the Local Government Act 1972 (as amended), the disclosure of which would not be in the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 applicants and would breach their Data Protection principles.

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

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

The following interest was declared:-

Personal and Prejudicial

To report that the Corporate Director (Place Management and Regeneration) has taken urgent action in consultation with the Chair of the Licensing, Environment and Safety Committee to suspend 17 Private Hire Car Drivers’ licences and 5 Hackney Carriage Drivers’ licences under the Road Safety Act 2006.

A representative of the Corporate Director for Place Management and Regeneration reported that the Corporate Director for Place Management and Regeneration had, in consultation with the Chair, taken urgent action to suspend 14 hire car drivers and four Hackney Carriage drivers’ licences pending receipt of the drivers ‘medical reports’, three hire car drivers and one Hackney Carriage driver pending receipt of a Disclosure and Barring Service application and report, and one hire car driver pending submission of a valid DVLA Photo-card Driving Licence.

RESOLVED – That the Urgent Decisions 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 Council Solicitor.

The report provides an update on the implementation of the Scrap Metal Dealers Act 2013 with particular regard to the appropriate allocation of the function to the Executive in the light of the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (England) Regulations having not been amended to designate the Scrap Metal Dealers Act 2013 as a non-executive function.

The Committee is recommended to note the report.

Officer contact: Damian Eaton on 0161 474 3207 or email:

damian.eaton@stockport.gov.uk

A representative of the Corporate Director for Place Management and Regeneration submitted a report of the Council Solicitor (copies of which had been circulated) updating the Committee on the implementation of the Scrap Metal Dealers Act 2013.

RESOLVED – (1) That the Committee:-

(i) Note that in the interim period the functions of the Scrap Metal Dealers Act 2013 be exercised by the Executive until such a point that the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 have been amended to designate the Act as a non-executive function.

(ii) Recommend that the Leader of the Council amends the Executive’s Scheme of Delegation as detailed in paragraphs 3.2, 3.3 and 3.4 of the report.

(iii) Recommend that the Executive Councillor (Communities and Sustainability) adopt the Schedule of Fees as detailed at Appendix 1 to the report.

(2) That the Corporate Director for Place Management and Regeneration be requested to submit a report on a quarterly basis updating the Committee on Scrap Metal Dealers’ licences decisions taken by the Corporate Director for Place Management and Regeneration.

To consider a report of the Corporate Director (Place Management and Regeneration)

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 Corporate Director for Place Management and Regeneration 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 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 Corporate Director (Place Management and Regeneration)

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 Corporate Director for Place Management and Regeneration 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 being disclosed on a Disclosure and Barring Service check.

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

The Committee interviewed the applicant in relation to this matter.

RESOLVED – That the application be granted.

To consider a report of the Corporate Director (Place Management and Regeneration)

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 Corporate Director for Place Management and Regeneration 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 his conviction for offences of plying for hire, having invalid insurance and failing to wear his driver’s identification badge.

The Committee interviewed the driver in relation to these matters.

RESOLVED – That in the light of the driver’s conviction for offences of plying for hire, having invalid insurance and failing to wear his driver’s identification badge the driver’s licence be suspended for a two week period.

To consider a report of the Corporate Director (Place Management and Regeneration)

The report details an application for the grant of a licensed Hackney Carriage 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 Corporate Director for Place Management and Regeneration 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 car driver following a conviction being disclosed on a Disclosure and Barring Service check.

The applicant was accompanied by a relative during considering of the application.

The Committee interviewed the applicant in relation to this matter

RESOLVED – That the application be granted.

To consider a report of the Corporate Director (Place Management and Regeneration)

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

(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 to enable the Committee to consider promptly an application to become a private hire car driver).

A representative of the Corporate Director for Place Management and Regeneration 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 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.