Agenda and minutes

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

There were no updates to be provided.

NOTED

There were no urgent items to consider.

NOTED

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.

**DECLARATION OF INTEREST

The Chair declared a non-pecuniary interest in the following item as the driver lived in her Ward, however, they were not known to each other and it was confirmed that this would not impact on her consideration or determination of the matter.

The Director of Environment and Community Services submitted an exempt report in connection with the review of Private Hire Vehicle Driver Licence, Ref: 21/24, 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 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 driver had been licensed with Middlesbrough Council since January 2017 and appeared before Members as a result of an incident on 7 November 2024 which raised concerns regarding his suitability as a licensed driver.

The Committee heard that, on 7 November 2024, Stockton Council’s Trading Standards Team notified Middlesbrough Council’s Licensing department that a driver was seen urinating at the side of a Private Hire vehicle in Stockton High Street.  Checks against the vehicle were made by a Licensing Enforcement Officer which confirmed the vehicle was licensed by Middlesbrough Council. 

Subsequently CCTV footage was supplied to Licensing Officers showing, that at approximately 03:52 hours on 7 November, a male urinating in the street and discarding a piece of litter before driving away.

On 18 November 2024, Licensing Officers contacted the vehicle operator to request log on details for the driver of the vehicle at the time of the incident.  This was subsequently provided, confirming the driver’s identity.

On 22 November 2024, the Licensing Officer interviewed the driver, by telephone, about the matter.  The driver admitted to the incident and explained he had been ‘caught short’ and took medication for a health condition, a symptom of which was requiring the toilet more frequently.  A check of the driver’s most recent medical report confirmed this.

The Committee was informed that the driver was issued with a Fixed Penalty Notice (FPN) by Stockton Council’s Enforcement Team in the sum of £130.  The fine was discounted to £90 if paid within seven days and the driver confirmed that he had paid the £90 fine on 16 November.  A copy of the FPN was attached at Appendix 1 for information.

The CCTV footage was shown to Members of the Committee.

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

The driver spoke in support of his case and responded to questions from Members of the Committee.

It was confirmed that there were no further questions and the driver 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 review. 

Subsequently, all  ...  view the full minutes text for item 24/49

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 22/24, 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 accompanied by his wife, 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 applicant was previously licensed by Middlesbrough Council from 2016 until his licence was revoked in September 2019, due to the offence listed at 1) in the report.  It was noted that information prior to the applicant’s previous revocation could not be verified by the Licensing Department due to a data loss from electronic records.

It was highlighted that the circumstances surrounding the previous revocation of the applicant’s licence were that, in January 2019, a complaint was received by the Licensing department regarding his conduct towards a lone fifteen-year-old female he had transported in his Private Hire vehicle.  Due to the nature of the allegations made against the applicant, the female’s mother also reported the incident to Cleveland Police.

Confirmation was subsequently received from Cleveland Police that they had initiated legal proceedings against the driver.  Licensing Officers followed the usual procedure, at that time, and awaited the outcome of the Police investigation and any subsequent Court hearing prior to beginning a licensing investigation.  Members were made aware that the procedure had now changed and that Officers would revoke a licence with immediate effect until the Police investigation had concluded.

On 23 August 2019 the driver was found guilty of an offence of racially/religiously aggravated intentional harassment/alarm/distress – words/writing.  A copy of the driver’s revocation letter, dated 6 September 2019, was attached at Appendix 1.

The applicant made a fresh application on 9 September 2024 and, on 22 November 2024, supplied a DBS certificate which revealed the conviction recorded against him (as set out in the report).

A Licensing Enforcement Officer contacted the applicant by telephone on 27 November 2024 and asked him to confirm the content of the revocation letter in respect of his previous licence.  He confirmed the content but disputed the allegations made against him.  The applicant was also asked if he had declared any convictions/cautions or reprimands on his application form.  He was unsure but stated he had found the form confusing and due to his understanding of English had sought assistance from his wife.  A subsequent check of the application form by a Licensing Officer revealed that he had declared he had no convictions/cautions or reprimands.

The applicant confirmed that the report was an accurate representation of the facts and was invited to address the Committee. 

The applicant and his wife spoke in support of the application and responded to questions from Members of the Committee, the Council’s legal representative and the Principal Licensing Officer.  ...  view the full minutes text for item 24/50