Agenda and minutes

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

The minutes of the previous meeting of the Licensing Committee, held on 18 March 2024, were submitted and approved as a correct record.

The Licensing Manager will provide a verbal update, if applicable, on any Licensing decisions that have been appealed since the last meeting of the Committee.

There was currently no information with which to update Members.

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 and 7s 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 Environment and Community Services submitted an exempt report in connection with the review of Private Hire Vehicle Driver Licence, Ref: 05/24, where circumstances had arisen which required special consideration by the Committee.

With the permission of the Chair, the Licensing Manager circulated a copy of a written statement provided by the driver in support of his case.

The driver, accompanied by his wife, joined the meeting, however, the Council’s Legal Adviser notified the Committee that the driver was known to him in a personal capacity.

** DECLARATION OF INTEREST

The Council’s Legal Adviser declared a non-pecuniary interest as the driver was known to him outside of work and considered it would not be appropriate to provide advice, if requested by Members, in relation to the matter for that reason.

It was decided that the matter should be deferred to the next meeting of the Licensing Committee.

ORDERED that consideration of the review of Private Hire Vehicle Driver Licence, Ref No: 05/24, be deferred to the next meeting of the Licensing Committee, on 13 May 2024 at 1.00pm, for the reasons outlined above and that the written statement provided by the driver be included as an Appendix to the report for the next meeting.

The Director of Environment and Community Services submitted an exempt report in connection with a review of Private Hire Vehicle Driver Licence, Ref: 06/24, where circumstances had arisen which required special consideration by the Committee.

The Chair introduced those present and outlined the procedure to be followed.  The driver was in attendance at the meeting, accompanied by his daughter, and 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 outlining that the applicant appeared before the Committee due to his convictions, detailed at 1) to 3) in the report.

It was highlighted that the driver was first licensed with Middlesbrough Council in April 2023 following his initial application made in January 2023.  He had not declared the offences at 1) to 3) on his application form.  On 9 January 2023 when Officers conducted a search via a DVLA mandate check, only the offences detailed at 1) and 2) appeared on his DVLA driving record.  (Attached at Appendix 1).

As of a result of those offences shown on his DVLA record, and in line with Council Policy, the driver was offered the opportunity to undertake the Driver Improvement Scheme which he completed in June 2023 (Copy of the driver’s training report was attached at Appendix 2).

In February 2024 the driver submitted his renewal application but again failed to declare the offences at 1) to 3) in the report.  This time the DVLA mandate check revealed all three offences (attached at Appendix 3).

The driver, accompanied by his daughter, was subsequently interviewed by a Licensing Enforcement Officer on 14 February 2024 when he provided explanations in relation to the convictions at 1) to 3) and confirmed that there were no other outstanding matters of which the Council was aware.

When questioned why he had failed to notify the Council about the 12 penalty points on his initial application and then again on his renewal application, the driver stated he had assumed that the DVLA would notify the Council.  He also confirmed that he had failed to notify his Operator regarding the offences.

The driver confirmed that the report was an accurate representation of the facts and was invited to address the Committee in support of his application.  The driver had provided a written statement in support of his case which was circulated to Members, with the permission of the Chair.

The driver’s daughter addressed the Committee on behalf of the driver and responded to questions from Members.

It was confirmed that there were no further questions and the driver, his daughter, 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 driver would receive the full decision and reasons within five working days.

ORDERED that Private Hire Vehicle  ...  view the full minutes text for item 23/44