Agenda and minutes

There were no declarations of interest received at this point in the meeting.

The minutes of the Licensing Committee meeting held on 30 September 2024 were submitted and approved as a correct record.

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

There were no updates to be provided.

NOTED

None.

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 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 Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 17/24, where circumstances had arisen which required special consideration by the Committee.

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

The Principal Licensing Officer presented a summary of the report outlining that the applicant had previously been licensed with Middlesbrough Council from 15 September 2023 until it lapsed on 31 August 2024, and now appeared before Members as a result of the conviction detailed at 1) in the submitted report.

The Committee heard that, on 13 August 2024, Licensing Officers received an email from the applicant’s employer containing three screen shots of DVLA records showing that the driver had received six penalty points, on 3 May 2024, for the offence of ‘Failure to give information as to identify the driver.”  The information showed that the offence had occurred on 24 May 2023.  It showed the driver’s DVLA licence was valid from 13 August 2024 which indicated that he would most likely have been disqualified from driving as a consequence of the motoring conviction.  Until the email received, the Licensing department was unaware of the conviction as the driver had not notified the Council, as required by condition of his licence.  A copy of the email notification was attached at Appendix 1.

As a result of the information received, Licensing Officers requested the driver’s attendance at the office to discuss the matter on 14 August 2024.  He was unable to explain the offence which led to him receiving six penalty points but believed it might have been in connection with a vehicle he no longer owned and also revealed his DVLA licence was revoked but was unsure as to why.

He retuned to the office with a bundle of documents obtained from his legal representatives.  Licensing Officers established that on 20 April 2023, a vehicle belonging to the driver at that time, was involved in a collision with another vehicle.  The driver and passenger in the vehicle had swapped seats and attempted to drive away but, when doing so, the vehicle rolled backwards and collied with the other vehicle for a second time.  A copy of the bundle of documents was attached at Appendix 2.

On 26 April 2023, the investigating Police Officer sent two relevant notices to the driver as he was the registered keeper of the vehicle at the time of the incident.  Such notices were legal documents requiring the registered keeper to name the drive when the alleged incident occurred.  In this case road traffic offence of driving with out due care and attention and failing to stop/report an RTC.  As the driver only responded one of the notices, he was issued with a Court summons.

He attended Magistrates Court on 3  ...  view the full minutes text for item 24/36

The Director of Environment and Community Services submitted an exempt report in connection with the review of a Private Hire Vehicle Driver Licence, Ref: 18/24, 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, 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 Principal Licensing Officer presented a summary of the report.  The driver was licensed by Middlesbrough Council in February 2024 and now appeared before Members in relation to an incident that took place on 15 February 2024 that raised concerns over his suitability to hold a licence with Middlesbrough Council.

It was highlighted that the incident had occurred quite some time ago and had been delayed in coming before Committee due to a delay in Officers obtaining CCTV footage from Stockton Council as a result of technical issues.  In addition, the driver had been out of the country for several months.

Licensing Officers received CCTV footage from Stockton Council on 11 June 2024, showing an incident involving a Middlesbrough licensed Private Hire Vehicle.  The footage, dated 15 February 2024, occurred in an area of Stockton with high levels of prostitution and was regularly monitored by Officers from Stockton Council CCTV.  The report contained a link to a recent local newspaper article where concerns had been raised by local residents and Ward Councillors in relation to the issues with prostitution in the area.

The CCTV footage was played to the Committee and showed, on 15 February 2024, a lone female loitering in the area, subsequently getting into a vehicle that stopped a few minutes later after a brief conversation through the front passenger window.  The CCTV operative followed the vehicle as it drove away and located it shortly afterwards when it had parked up in a car park outside a medical centre.  The occupants were then seen to leave the vehicle and walk a short distance and enter an electrical sub station nearby, emerging shortly afterwards.  Upon exiting the sub station, the female walks away in one direction and the driver returned to his vehicle and drove away.

The driver was interviewed by a Licensing Enforcement Officer on 20 June 2024, over the telephone as he was out of the country at the time and would not be returning until late September.  The driver confirmed that he had was the driver of the vehicle and had paid the female for sex after he had finished work.  He provided his version of events and stated that this was a one-off incident and apologised for his actions.

Appendices 1, 2 and 3 to the report provided details of the location of the incident.

The Council’s legal representative referred to the paragraph within the report “This incident does constitute a criminal offence and is Contrary to Section 51(a) of the Sexual Offences Act 2003, “It is  ...  view the full minutes text for item 24/37

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 19/24, where circumstances had arisen which required special consideration by the Committee.

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

The Principal Licensing Officer presented a summary of the report outlining that the applicant had previously been licensed with Middlesbrough Council from November 2015 until January 2022 when his licence was revoked by the Licensing Committee on 20 December 2021.

Several appendices were attached to the report, as follows:-

·         Appendix 1 - Committee report from 20 December 2021 in relation to the driver’s review of his licence at that time. 

·         Appendix 2 - Decision letter following that meeting, dated 6 January 2022.

·         Appendix 3 - Three interview records – one relating to the driver’s arrest for drugs by Cleveland Police, dated 21 July 2020.

·         Appendix 4 – Interview record relating to an incident captured on CCTV in Stockton appearing to show the driver purchasing drugs.

·         Appendix 5 – Interview record relating to the driver illegally plying for hire.

The applicant was interviewed by a Licensing Enforcement Officer on 26 September 2024 and was shown the above documents during the interview.  The applicant confirmed that the interview records shown to him were a true account of what he had said at that time.

The applicant confirmed that the report was an accurate reflection of the facts and was invited to address the Committee in support of his application.

The applicant spoke in support of his application and responded to questions from Members of the Committee 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 teams, 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: 19/24, be granted, as follows:-

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 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, the Middlesbrough Council Private Hire and Hackney Carriage Policy 2022 (“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 the information, the Licensing Committee decided to grant the Private Hire Vehicle driver’s  ...  view the full minutes text for item 24/38