Agenda and minutes

There were no Declarations of Interest made by Members at this point in the meeting.

The Minutes of the previous Licensing Committee held on 4 July 2022 were submitted and approved as a correct record.

To consider passing a Resolution Pursuant to Section 100A (4) Part 1 of the Local Government Act 1972 excluding the press and public from the meeting during consideration of the following items on the grounds that if present there would be disclosure to them of exempt information falling within paragraphs 1, 2, 3 or 7 of Part 1 of Schedule 12A of the Act and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

ORDERED that the press and public be excluded from the meeting for the following items on the grounds that, if present, there would be disclosure to them of exempt information as defined in Paragraphs 1, 2, 3 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972 and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

The Director of Adult Social Care and Health Integration submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 08/22, where circumstances had arisen which required special consideration by the Committee.

The Chair introduced those present and outlined the procedure to be followed.  The applicant, who was in attendance at the meeting, verified his name and address and confirmed that he had received a copy of the report and understood its contents. 

The Licensing Manager presented a summary of the report.  The driver was first licensed with Middlesbrough Council in July 2012 when he was granted a licence by the Committee after considering the offences detailed at 1) to 4) in the report.  A copy of the report that was considered by that Committee was attached at Appendix 1 for information.  Subsequently, the driver’s licence was suspended in July 2017 pending the outcome of the investigation in respect of the offence detailed at 5).  He surrendered his licence in November 2017 following his disqualification from driving.

The applicant now appeared before Members with a fresh application for a private hire vehicle driver licence.

The applicant was interviewed by a Licensing Enforcement Officer on 27 July 2022 when he confirmed his previous explanations in relation to offences 1) to 4) and confirmed the explanation he had provided to the Police in respect of offence 5).  A copy of the Police report in respect of the offence at 5) was attached at Appendix 2 to the report.

It was highlighted that the applicant’s DVLA driving licence was reinstated in September 2020.

The applicant confirmed that the report was an accurate representation of the facts and was invited to address the Committee in support of his application.  The applicant addressed the Committee and responded to questions from Members and the Council’s Legal Representative.

It was confirmed that there were no further questions and the applicant and Officers of the Council, other than representatives of the Council’s Legal and Democratic Services, withdrew from the meeting whilst the Committee determined the application. 

Subsequently, all parties returned and the Chair announced a summary of the Committee’s decision and highlighted that the applicant would receive the full decision and reasons within five working days.

ORDERED that the application for a Private Hire Vehicle Driver Licence, Ref No: 08/22, be refused for the following reasons:-

Authority to Act

1.       Under Section 51 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may decide to grant a private hire vehicle driver’s licence only if it was satisfied the applicant was a fit and proper person to be granted such a licence.

2.       The Committee considered Section 51 of the Act, Policy Guidance to Applicants, Licensed Drivers and Members of the Licensing Committee which came into force on 1 November 2019 (“the Policy”), the report and representations made by the applicant.

3.       The application was considered on its own particular facts and on its merits.

Decision

4.       After carefully considering  ...  view the full minutes text for item 22/18

The Director of Adult Social Care and Health Integration submitted an exempt report in connection with an application for a Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 09/22, where circumstances had arisen which required special consideration by the Committee.

The Chair introduced those present and outlined the procedure to be followed.  The applicant, who was in attendance at the meeting, verified his name and address and confirmed that he had received a copy of the report and understood its contents. 

The Licensing Manager presented a summary of the report.  The driver was first licensed with Middlesbrough Council in November 2021 when he was granted a licence by the Committee after considering the offences detailed at 1) to 3) in the report.  A copy of the report that was considered by that Committee was attached at Appendix 1 for information.  The licence was subsequently revoked by Members in July 2017 following the conviction dated at 4) in the report.

The applicant now appeared before Members with a fresh application for a Combined Hackney Carriage and Private Hire Vehicle Driver licence.

The applicant was interviewed by a Licensing Enforcement Officer on 4 August 2022 when he confirmed his previous explanations for the offences at 1) to 4) in the report.

The applicant confirmed that the report was an accurate representation of the facts and was invited to address the Committee in support of his application.  The applicant addressed the Committee and responded to questions from Members and the Council’s Legal Representative.

It was confirmed that there were no further questions and the applicant and Officers of the Council, other than representatives of the Council’s Legal and Democratic Services, withdrew from the meeting whilst the Committee determined the application. 

Subsequently, all parties returned and the Chair announced a summary of the Committee’s decision and highlighted that the applicant would receive the full decision and reasons within five working days.

ORDERED that the application for a Combined Hackney Carriage and Private Hire Vehicle Driver licence be refused for the following reasons:-

Authority to Act

1.       Under Section 51 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may decide to grant a combined hackney carriage and private hire vehicle driver’s licence only if it was satisfied the driver was a fit and proper person to be granted such a licence.

2.       The Committee considered Section 51 of the Act, Policy Guidance to Applicants, Licensed Drivers and Members of the Licensing Committee which came into force on 1 November 2019 (“the Policy”), the report and representations made by the Applicant.

3.       The application was considered on its own particular facts and on its merits.

Decision

4.       After carefully considering all of the information the Licensing Committee decided to refuse to grant the application for a combined hackney carriage private hire vehicle driver’s licence on the grounds that the Committee was not satisfied the applicant was a fit and proper person to be granted the licence.  The reasons  ...  view the full minutes text for item 22/19