MINUTES OF PUBLIC PROTECTION SUB-COMMITTEE MEETING - 12TH FEBRUARY 2009

Present:

Councillor Mitchell (in the Chair)

Councillors

Brown / Mrs Delves / Hardy / Mrs Holt
Collins / Mrs Greenhalgh / Haskett

In attendance:

Miss V Cartmell, Mrs S Davies, Mr E Rhodes and Mrs P Higson, Business Services Department
Mr M Marshall, Council’s Public Protection Officer, Tourism and Regeneration Department

Also Present:

Detective Inspector Cawley, Lancashire Constabulary

1. EXCLUSION OF THE PUBLIC

Resolved: That under Section 100 (A) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the whole item, including the decisions referred to at Agenda items 3,4and 5 on the grounds that it would involve the likely disclosure of exempt information as defined in paragraph1 of Part 1 of Schedule 12A of the Act.

2. DECLARATIONS OF INTEREST

Councillor Brown declared a prejudicial interest in Agenda Item 3, Hackney Carriage Driver’s Licence in respect of BSP, in that the driver was known to him andhe left the meeting for the duration of that item.

3. MINUTES OF THE MEETING HELD ON 15TH JANUARY 2009

Resolved: That the minutes of the meeting held on15th January2009, be signed by the Chairman as a correct record.

4. HACKNEY CARRIAGE DRIVERS LICENCE

The Sub-Committee was informed of seven existing Hackney Carriage Drivers, to include one landau driver that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

LD, PFS, ASR, and legal representative Mr Cobain on behalf of BSP, were in attendance at the meeting.

Detective Inspector Cawley of Lancashire Constabulary was in attendance.

Resolved:

1. That in the case of BSP, at his request,the case be heard in his absence with his legal representative in attendance.

2. That in the case of BSP having due regard to the Human Rights Act 1998 the driver’s licence be revoked on the grounds that based on the evidence submitted he is not a fit and proper person to hold a licence and that in accordance with Section 52 of the Road Safety Act 2006, the revocation should take place with immediate effect in the interest of public safety.

2. That in the case of LD no action be taken other than a warning letter be sent indicating that in the event of further offences his Hackney Carriage Driver’s licence may be suspended or revoked.

3. That in the case of PFS no action be taken to prosecute him for failure to declare the offence and no further action be taken other than that a warning letter be sent indicating that in the event of further offences his Hackney Carriage Driver’s licence may be suspended or revoked.

4. That in the case of ASR no action be taken to prosecute him for failure to declare the offence and no further action be taken other than that a warning letter be sent indicating that in the event of further offences his Hackney Carriage Driver’s licence may be suspended or revoked.

5. That in the cases of PAR, AJM and TLP the cases be heard in their absence.

6. That in the case ofPAR no action be taken to prosecute him for failure to declare the offence and no further action be taken other than that a warning letter be sent indicating that in the event of further offences his Hackney Carriage Driver’s licence may be suspended or revoked.

7. That in the case ofAJM no action be taken to prosecute him for failure to declare the offence and no further action be taken other than that a warning letter be sent indicating that in the event of further offences his Hackney Carriage Driver’s licence may be suspended or revoked.

8. That in the case of TLP the hearing be deferred to the next meeting of the Sub-Committee on 12th March 2009 to enable all the relevant information to be available and the suspension of the licence to continue in the meantime.

Background Papers: Exempt

NOTE: Councillor Brown having declared a prejudicial interest left the meeting during consideration of the case in respect of BSP, as he was known to him.

Background Papers: Exempt

4. PRIVATE HIRE VEHICLE DRIVERS LICENCE

The Sub-Committee was informed of an existing Private Hire Driver and one new applicantthat hadgiven sufficient cause for concern as to be referred to the Sub-Committee for consideration.

SPC accompanied by his wife was in attendance at the meeting.

Resolved:

1. That in the case of SPC the Private Hire Vehicle Driver’s licence be granted.

2. That the case in respect of AB be heard intheir absence.

3. That it be noted that in the case of AB the driver has surrendered their licence as a result of their driving offence and any future application for a licence is to be referred to the Sub-Committee for its consideration.

Background Papers: Exempt

5. DONKEY PROPRIETORS AND DONKEY DRIVERS LICENCES

The Sub-Committee wasreminded that at its previous meeting licences had been suspended in respect of MAI, donkey driver and donkey proprietor, pending hearing of the case, which had been deferred.

Resolved:

That the licences remain suspended in respect of donkey driver and proprietor MAI and the hearing be deferred to the next meeting of the Sub-Committee on 12th March 2009.

Background Paper: Exempt

6. DATE OF NEXT MEETING - 12TH MARCH 2009

It was noted that the next meeting of the Sub-Committee would take place on 12th March 2009.

Chairman

(The meeting ended at 12:20 pm)

Any queries regarding these minutes, please contact:

Pauline Higson,Democratic Services Senior Adviser

Tel:(01253) 477157

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