Agenda and minutes

** ONE MINUTE’S SILENCE – COUNCILLOR RON ARUNDALE

A minute’s silence was held as a mark of respect to remember Councillor Ron Arundale who sadly passed away on 20 April 2023.  Councillor Arundale was elected as a Councillor in Kadar Ward in 2011 and had served on the Licensing Committee since 2011, becoming Chair in 2019.  He would be greatly missed by everyone and the Committee expressed its deepest condolences to his family.

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

The minutes of the Licensing Committee meeting held on 3 April 2023 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.

** SUSPENSION OF COUNCIL PROCEDURE RULE NO. 5 - ORDER OF BUSINESS

ORDERED: that in accordance with Council Procedure Rule No. 5, the Committee agreed to vary the order of business to consider the remaining agenda items in the following order: 6, 7, 5.

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: 03/23, 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, 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, outlining that the applicant had previously been licensed with Middlesbrough Council from June 2003 until his licence was revoked by Members in December 2016 due to his history of poor driving standards.  He now appeared before Members with a fresh application in relation to the offence detailed at 1) and his previous history. 

It was highlighted that, when previously licensed, the applicant had appeared before the Committee for review of his licence on several occasions: 16 July 2007 (retained licence but required to complete the Driver Improvement Scheme); 15 March 2010 (retained licence but required to complete the Driver Improvement Scheme); 10 May 2010 (licence retained following completion of the Driver Improvement Scheme); and 5 December 2016 when Members decided to revoke his licence.

The applicant subsequently appealed the Committee’s decision to revoke and his appeal was dismissed by Teesside Magistrates Court on 7 April 2017.  A copy of the Court bundle was attached at Appendix 1.

Attached at Appendix 2 was a copy of the record of the applicant’s DVLA history.

The applicant was interviewed by a Licensing Enforcement Officer on 29 March 2023 when he confirmed his previous explanations of previous offences and provided an explanation in relation to the offence at 1) and confirmed that there were no other offences of which the Council was unaware.

The Licensing Manager also confirmed that in relation to the offence at 1), the applicant had received six penalty points on his DVLA licence, not three as stated in the report.

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

The applicant presented the case in support of his application 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 applicant 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 application. 

Subsequently, all parties returned and the Chair announced a summary of the Committee’s decision and highlighted that the applicant would receive the full decision and reasons within five working days.

ORDERED that the application for Private Hire Vehicle Driver Licence, Ref No: 03/23, be refused.

Authority to Act

1.         Under Section 51 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may decide to grant a private hire vehicle driver’s licence only if  ...  view the full minutes text for item 22/39

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: 05/23, 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, 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, outlining that the applicant was previously licensed with Middlesbrough Council from February 2001 until his licence was revoked in April 2018, by the Licensing Manager, following the incident at 6) in the report.  (A copy of the Licensing Manager’s decision was attached at Appendix 7).

It was highlighted that the applicant had appeared before Members when he was previously licensed – in August 2003 in relation to the offences at 2) and 3) detailed in the report - a copy of the Committee report considered at that time was attached Appendix 1; and September 2007 in relation to the offences at 4) and 5) detailed in the report - a copy of the Committee report considered at that time was attached Appendix 2.  On both occasions he was permitted to retain his licence but warned that any future convictions may see him return to Committee where his licence may be revoked.

Council records showed that the applicant was also issued with a number of warnings: January 2011 (copy of warning letter attached at Appendix 3); March 2013 (Appendix 4); April 2013 (Appendix 5); and November 2013 (Appendix 6).

The applicant was interviewed by a Licensing Enforcement Officer on 11 April 2023 when he confirmed his previous explanations for the offences at 2) to 5) in the submitted report.  The applicant provided explanations for the offences at 1) and 7).  The applicant also confirmed that he had held a PSV licence, obtained through VOSA, since 2021 and had declared all convictions as part of that application process and had completed an advanced driving course in order to obtain the PSV licence.

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

The applicant presented the case in support of his application and responded to questions from Members, the Council’s legal representative and the Licensing Manager.

During questions, the applicant advised that he had been prosecuted in relation to the incident at 6) in the report and had subsequently received six points on his DVLA licence. 

The Chair granted a short adjournment in order for the Licensing Manager to make enquiries to confirm the information.  The Licensing Manager and applicant withdrew from the meeting whilst enquiries were made and subsequently returned.  The Licensing Manager confirmed that the six penalty points did not appear on the applicant’s DVLA licence as the incident had occurred in 2018 and was now classed  ...  view the full minutes text for item 22/40

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: 06/23, 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, 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 and highlighted that an amendment was required to the offence detailed at 1).  The offence was dealt with in Court on 30 March 2023 and was, therefore, a conviction and not a caution as stated in the report.

The report outlined that the application was made in November 2022, however, the applicant had failed to declare the offence that had taken place in September 2022.  The relevant section of the application form was attached at Appendix 1.  The applicant now appeared before Committee as a result of the offence detailed at 1).

The applicant was interviewed by a Licensing Enforcement Officer on 4 April 2023 when he provided an explanation in relation to the offence at 1) and confirmed that there were no other offences of which the Council was unaware.  A copy of the applicant’s Community Order was attached at Appendix 2 for information.

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

The applicant presented the case in support of his application and responded to questions from Members, the Council’s legal representative and the Licensing Manger.

It was confirmed that there were no further questions and the applicant 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 application. 

Subsequently, all parties returned and the Chair announced a summary of the Committee’s decision and highlighted that the applicant would receive the full decision and reasons within five working days.

ORDERED that the application for Private Hire Vehicle Driver Licence, Ref No: 06/23,

be refused.

Authority to Act

1.         Under Section 51 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may decide to grant a Private Hire Vehicle driver’s licence only if it was satisfied the driver was a fit and proper person to be granted such a licence.

2.         The Committee considered Section 51 of the Act, the Middlesbrough Council Private Hire and Hackney Carriage Policy 2022 (“the Policy”), the report and representations made by the applicant.

3.         The application was considered on its own particular facts and on its merits.

Decision

4.         After carefully considering all the information the Licensing Committee decided to refuse to grant the application for a Private Hire Vehicle driver’s licence on the grounds that the Committee was not satisfied the applicant was a fit and proper person to be granted  ...  view the full minutes text for item 22/41