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 26 July 2021 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 Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 02/21, 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 his sister and brother-in-law, 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 in relation to a complaint made by a local business owner on 20 January 2020 and the offence listed at 1) in the submitted report, which resulted from the same incident.  A copy of the complaint was attached at Appendix 1 to the report.

The report highlighted that the driver was first licensed with Middlesbrough Council in November 2007. 

Members were advised that the matter was due to be considered by the Committee on 15 March 2021, however, on that occasion the driver confirmed that he was going to appeal against the conviction and sentence, detailed at 1) in the report.  Members, therefore, decided to defer consideration of the matter until such time that the driver’s appeal had been heard.

On 30 July 2021, the driver confirmed that he had attended Court for his appeal hearing, however, on the advice of his legal representative, he did not proceed with the appeal.

The complaint related to an incident that had occurred on 6 January 2020 at the site of the complainant’s business premises.  CCTV footage of the incident, showing an altercation between the business owner and the driver, was available and shown to the Committee.

Members were advised that the driver was interviewed by a Licensing Enforcement Officer on 2 March 2021 and provided his version of events in relation to the complaint.

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

The driver, supported by his family members, addressed the Committee 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 driver, family members 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 parties returned and the Chair announced a summary of the Committee’s decision and highlighted that the driver would receive the full decision and reasons within five working days.

ORDERED that Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref 02/21 be suspended for a period of eight weeks.

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  ...  view the full minutes text for item 21/19

None.