Agenda and draft 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 21 September 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 the review of Private Hire Vehicle Driver Licence, Ref: 04/20, as the driver had appealed against a written warning issued to him by a Licensing Enforcement Officer following a complaint about his behaviour.

The Licensing Manager updated Members that the driver had contacted the Licensing Office to advise that he was unwell and unable to attend the meeting.  In order to afford the driver a further opportunity to attend, it was requested that the matter be deferred to the next meeting.

ORDERED that consideration of the Review of Private Hire Vehicle driver licence, Ref No: 04/20 be deferred to the next meeting in order to afford the driver a further opportunity to attend.

The Director of Adult Social Care and Health Integration submitted an exempt report in connection with the review of Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 05/20, 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 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 driver was first licensed with Middlesbrough Council in September 2007.  He first appeared before Members on 9 December 2019 for review of his licence following the offence listed at 1) in the report and a complaint made by a member of staff at the Gleneagles Resource Centre in relation to his driving.

As a result of the complaint, and CCTV evidence, Officers suspended the driver’s licence with immediate effect pending review by the Committee on 9 December 2019.  On that occasion, Members decided to reinstate the driver’s licence but issued the driver with a warning regarding his dangerous driving.

The driver now appeared before Members in relation to the offence at 2) in the report.  It was highlighted that the driver failed to notify the Licensing Office within seven days of the offence, as required by condition on his licence.  It was further highlighted that the driver had failed to declare the offence at 1) when he had renewed his licence in August 2019.

The driver was interviewed by a Licensing Enforcement Officer on 26 November 2020 when he confirmed his earlier explanation in relation to the offence at 1) and provided an explanation for the offence at 2).

In addition, Officers had concerns with the driver’s non-compliance with requests for information on three separate occasions.  On each occasion the driver did not respond to requests for information until Officers suspended his licence.

In response to a query, it was confirmed that the driver currently had nine penalty points on his DVLA licence.

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

The driver addressed the Committee and provided his explanation in relation to the offences and responded to questions from Members, the Licensing Manager and the Council’s legal representative.

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, withdrew from the meeting whilst the Committee determined the review.

Subsequently, all interested parties returned and the Chair announced the Committee’s decision.

ORDERED that Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref 05/20 be suspended for a period of four weeks and that the driver be required to complete the Driver Improvement Scheme, at his own expense, within three months.

Authority to act

1.      Under Section 61 of the Local  ...  view the full minutes text for item 20/17

Any other urgent items which, in the opinion of the Chair, may be considered.

REVIEW – COMBINED HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER LICENCE – REF NO: 06/20

With the permission of the Chair, the Licensing Manager submitted information for consideration by the Committee that required an urgent decision.

The Licensing Manager informed Members that, under the Notifiable Occupation Scheme, on 8 December 2020, Cleveland Police had notified the Licensing Office that the driver had been arrested for the alleged offences of ‘facilitate the acquisition/acquire/possess criminal property’, possession of a controlled drug – class B – cannabis resin’ and possessing controlled drug with intent to supply – class A – other, and that he had been released under investigation.  

Background information relating to the circumstances leading to the driver’s arrest were provided to the Committee, including further information provided by the Police on 14 December 2020 and verbal representations made by the driver.

The Committee was advised that the driver had appeared before Members on 25 July 2015 for consideration of his licence application.  Member’s considered his offence for possession of a controlled drug – Class B – Cannabis.  On that occasion, Members decided to depart from the Licensing Policy due to exceptional circumstances and granted his licence.

The Licensing Manager and Principal Licensing Officer responded to questions from Members and the Council’s legal representative.

It was confirmed that there were no further questions and the Licensing Manager and Principal Licensing Officer withdrew from the meeting whilst the Committee determined the review.

Subsequently, all interested parties returned and the Chair announced the Committee’s decision.

ORDERED that Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref 06/20 be revoked with immediate effect.

Authority to Act

1.    Under Section 61 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may revoke or suspend a private hire/hackney carriage vehicle driver’s licence on the grounds that:-

• Since the grant of the licence the driver had been convicted of an offence involving dishonesty, indecency or violence;
• Since the grant of the licence the driver had committed an offence or breached the Act or the Town Police Clauses Act 1847;
• For any other reasonable cause. 

2.     Under Section 61(2B) of the Act, if it appeared to be in the interests of public safety, the Committee could decide that the revocation was to have immediate effect.

3.     The Committee considered Section 61 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 representations from the Police, the operator and the driver.

4.     The review of the licence was considered on its own particular facts and on its merits.

Decision

5.    After carefully considering all of the information the Licensing Committee decided to revoke the driver’s Combined Hackney Carriage and Private Hire Vehicle driver’s licence on the grounds of any other reasonable cause.  It decided that the revocation was to have immediate effect in the interests of public safety under section 61(2B) of the Act. 

Reasons

6.    In the interests of  ...  view the full minutes text for item 20/18