Agenda and minutes

To receive any declarations of interest.

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

The Minutes of the Licensing Committee held on 12 April 2021 were submitted and approved as a correct record.

a)     Appointment of Chair to Licensing Sub Committee B

b)     Appointment of Chair to Licensing Sub Committee C

c)     Appointment of Three Members of the Licensing Committee to the Casino Licensing Sub Committee

d)     Appointment of Three Named Substitutes to the Casino Licensing Sub Committee (who must be Members of the full Licensing Committee)

Licensing Sub Committees B and C

It was explained that historically the Chair and Vice Chair of the Licensing Committee were appointed as Chairs of two of the Sub Committees.  At the Council’s Annual General Meeting on 26 May 2021, Councillor Arundale was appointed as Chair of Licensing Committee and Chair of Licensing Sub Committee A and Councillor Polano was appointed Vice Chair of Licensing Committee.  As there was no dissent to the proposal, Councillor Polano was duly appointed as Chair of Licensing Sub Committee B.

Accordingly, nominations were sought for the appointment of Chair of Licensing Sub Committee C.

Two nominations were received and seconded and a vote was taken.  Subsequently Councillor Bell was appointed Chair of Licensing Sub Committee C.

AGREED that the following Chairs be appointed:-

·        Licensing Sub Committee A – Chair: Councillor Arundale (appointed by Council 26/05/21)

·        Licensing Sub Committee B – Chair: Councillor Polano

·        Licensing Sub Committee C – Chair: Councillor Bell

Casino Licensing Sub Committee

The schedule of appointments agreed by Full Council its Annual General Meeting on 26 May 2021, directed that the Licensing Committee appoint three Members, and three named substitutes (who must be full Members of the Licensing Committee) to the Casino Licensing Sub Committee.  It was proposed that these appointments be deferred until such time that the Casino Licensing Sub Committee was required to meet, at which time necessary training would also be provided.

AGREED that the appointment of three Members and three named substitutes to the Casino Licensing Sub Committee be DEFERRED until such time that the Committee was required to meet.

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 or 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 Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 05/21, where circumstances had arisen which required special consideration by the Committee.

The Chair introduced those present and outlined the procedure to be followed.  The driver, accompanied by a representative, 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. 

With the permission of the Chair, the driver’s representative submitted a written testament statement in support of the driver, copies of which were distributed to Committee Members.

The Licensing Manager presented a summary of the report in relation to the driver’s conviction, detailed at 1) in the submitted report and made reference to the relevant sections of the Council’s Policy Guidance on Cautions, Convictions and Complaints.

The report highlighted that the driver was first licensed with Middlesbrough Council in August 2000.  The driver first appeared before Members in May 2003 when Members considered a conviction which is now too old to be of relevance.  On that occasion, however, the driver was permitted to retain his licence.

The driver now appeared before the Committee as a result of the conviction detailed at 1) and was interviewed by a Licensing Officer on 5 May 2021 when he provided an explanation for the offence – the full details of which were contained within the report – and confirmed that there were no other outstanding matter of which the Council was unaware.

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

The driver addressed the Committee in support of his case and responded to questions from Members, the Council’s legal representative and the Licensing Manager.

The driver’s representative also spoke in support of the driver and responded to questions from Members.

It was confirmed that there were no further questions and the Chair advised the parties that they would be informed of the Committee’s decision within five working days.  Subsequently, the driver, his representative 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. 

It was necessary for the Committee to reconvene to determine the decision.  Therefore, the Committee subsequently reconvened on 17 June 2021.  The following were present:-

PRESENT:       Councillor Arundale (Chair); Councillors: Cooper (Substitute for Councillor Bell), Dean, Dodds (Substitute for Councillor Jones), Higgins, Hill, C Hobson and J Walker.

OFFICERS:      S Bonner, C Cunningham and J Dixon.

PRESENT AS AN OBSERVER:  M Embleton - Legal Services.

APOLOGIES FOR ABSENCE were submitted on behalf of Councillors Bell, Cooke, Jones, Lewis, Polano, Smiles and S Walker.

ORDERED that Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref 05/21 be suspended for a period of six weeks, for the following reasons:-

Authority to act

1.      Under Section 61 of the  ...  view the full minutes text for item 21/5