Agenda and minutes

There were no apologies for absence.

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests in any item on the agenda.

No interests were declared.

In accordance with Procedure Rules Nos.11 and 35 a period of 10 minutes is allocated for members of the public to address the meeting on any matter relevant to the work of the meeting. Individual members of the public may speak for up to 5 minutes but the Chairman or person presiding will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers. Members of the public are not required to give notice to use this facility. However, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given.

There were no members of the public present.

To consider a proposal to adopt the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 to apply throughout the Borough of Cheshire East.

The Cabinet Member for Safer and Stronger Communities considered a proposal to adopt the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 relating to the licensing of private hire and hackney carriage, vehicles, drivers and operators. The legislation contains provisions which allow local authorities to control the operation and use of private hire and hackney carriage vehicles and to protect the public by ensuring that vehicles are fit for use as licensed vehicles and drivers are ‘fit and proper’ to act as such.

At the meeting on 20^th December 2010 the Cabinet Member for Safer and Stronger Communities had resolved to authorise the Borough Solicitor, or officer acting on her behalf, to provide notice of the Council’s intention to pass a resolution to adopt the provisions of Part II of the 1976 Act. The adoption 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.

It was noted that in accordance with section 45(3) of the 1976 Act a notice of intention had been published in local newspapers throughout the Borough during the weeks commencing 31 January 2011 and 7 February 2011. In addition, the notice was served on the Town and Parish Councils and the Parish Meetings within the Borough.

The alternative of not adopting the legislative provisions was considered. However, it was noted that the benefits identified within the report would not be achieved if this were to be the case.

RESOLVED

That the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 (other than section 45) shall be adopted and shall apply throughout the Borough of Cheshire East with effect from 31 March 2011.