Decision details

The Cabinet Member for Safer & Stronger Communities considered a report which detailed proposals to re-adopt the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 within the Borough of Cheshire East.

Re-adoption of the legislation was proposed in order to consolidate the three previous resolutions of the predecessor district authorities into one resolution and to ensure certainty in any enforcement action taken under the legislation.

Part II of the Local Government (Miscellaneous Provisions) Act 1976 contained provisions in relation to the licensing of private hire and hackney carriage vehicles, drivers and operators.

The Licensing Committee, at its meeting on 8 November 2010, resolved to recommend to the Cabinet Member for Safer & Stronger Communities that they authorise the Borough Solicitor to provide notice, in accordance with section 45 of the Local Government (Miscellaneous Provisions) Act 1976, of the Council’s intention to re-adopt the provisions of Part II of the 1976 Act in relation to the Council’s administrative area.

RESOLVED:

That the Cabinet Member for Safer & Stronger Communities

(1)       note the legislative position, as outlined in the Report, and express the intention to pass a resolution to adopt the provisions of Part 11 of the Local Government (Miscellaneous Provisions) Act 1976.

(2)       authorise the Borough Solicitor or an officer acting on their behalf to provide notice, in accordance with section 45 of the Local Government Act (Miscellaneous Provisions) Act 1976, of the Council’s intention to pass a resolution to adopt the provisions of Part II of the 1976 Act in relation to the Council’s administrative area.