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 13 July 2020 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 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 Adult Social Care and Health Integration submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 03/21, 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 was in attendance at the meeting, accompanied by his legal representative, 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 which outlined that the applicant was first issued a Private Hire Vehicle Driver Licence with Middlesbrough Council in January 2019. He then appeared before Members on 29 July 2019 for review of his licence following a complaint made by the Council’s Principal Transport Officer in relation to allegations made by children being transported by the applicant in his private hire vehicle under a home to school contract arrangement, that he had made inappropriate comments to them.

That matter was immediately referred to the Council’s Local Authority Designated Officer (LADO) and a decision was made to suspend the driver’s licence with immediate effect, pending its consideration at Licensing Committee. At the Licensing Committee on 29 July 2019, Members determined to reinstate the driver’s licence as there had been discrepancies in the evidence provided. A copy of the minutes from that meeting were attached at Appendix 1.

On 30 April 2020, information was received from Cleveland Police that the applicant had been arrested for the alleged offence of rape of a female aged 16 or over. The information stated that a 17-year-old female had been picked up in the applicant’s taxi and driven to his home address where he had raped her. The information also stated that the female and the applicant had exchanged social media contact details during a previous taxi journey.

The applicant was contacted by Licensing Officers on 5 May 2020 in relation to the allegation which he denied, however, he did admit to having consensual sex with the female. The applicant further stated that the female had never previously been in his taxi and that she had contacted him. He also stated that he had thought that the female was aged between 21-25 and not 17. A copy of the transcript from the telephone conversation was attached at Appendix 3.

Acting under Delegated Authority, on 7 May 2020, the Licensing Manager revoked the applicant’s Private Hire Vehicle Driver Licence, with immediate effect, as a result of the information provided by the Police and due to previous safeguarding concerns. A copy of the revocation notice was attached at Appendix 2.

On 13 July 2020, the Police informed the applicant that no further action would be taken against him as there was insufficient evidence and on 22 July 2020 he made a fresh application for a Private Hire Vehicle Driver Licence. The applicant was interviewed by a Licensing Officer on 20 August 2020. The applicant confirmed his  ...  view the full minutes text for item 20/12