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 24 April 2023 were submitted and approved as a correct record.

** 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 agenda item 7, Any Other Business, as the next item of business.

The Licensing Committee appointed the Chair to the following Committees:

Licensing Sub Committee B: Councillor Stephen Hill

Licensing Sub Committee C: Councillor Jeanette Walker

ORDERED: That the Councillors appointed act as Chair of their respective Sub Committees.

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: 06/ 23.

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 he had confirmed a copy of the report and understood its contents.

The Licensing Enforcement Officer presented a summary of the report, outlining that the Applicant appeared before Committee in relation to the offence detailed at one to six in the report.

Members were advised that the Applicant had appeared before the committee on 21 April 2021 where the application had been refused. Members were advised the Applicant had first been licensed as Private Hire Driver in 2018. In October 2019 a routine check of the Applicant’s CVLA driver’s licence had revealed nine penalty points. In accordance with the Council’s Scheme of Delegation the Applicant was asked to complete the Driver Improvement Scheme which he completed in May 2020.

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 offences at one to six in the report and confirmed that there were no other offences of which the Council was unaware.

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 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: 06/23, be refused.

Authority to Act

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 is satisfied the driver is a fit and proper person to be granted such a licence.

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.

The Application was considered on its own particular facts and on its merits.

Decision

After carefully considering all the information the Licensing Committee decided to refuse 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 the licence.  The reasons for the decision were as follows:

Reasons

The Applicant was licensed  ...  view the full minutes text for item 23/5

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: 07/ 23.

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. The applicant was provided a copy of the report by the Licensing Enforcement Officer. The Licensing Enforcement Officer advised the Committee that Stockton Council had revoked the applicant’s taxi licence in 2005, but this information was not in the report. The Council’s legal representative queried the reason for the revocation. It was confirmed this was unknown due to the time that had elapsed and predated the public register. 

The Licensing Enforcement Officer presented a summary of the report, outlining that the applicant appeared before Committee in relation to the offences detailed at one and two in the report. Members were advised that the application was made on 1 December 2022 and the details of the offences were disclosed on the application form.

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 and the Council’s Legal Representative.

The applicant advised Members that the offence in question occurred nine years prior and that since being the conviction he had no other issues. The applicant stated he was applying for his licence so he could earn a living.

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: 07/23, be refused.

Authority to Act

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 is satisfied the driver is a fit and proper person to be granted such a licence.

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.

The Application was considered on its own particular facts and on its merits.

Decision

After carefully considering all the information the Licensing Committee decided to refuse 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 the licence.  The reasons for the decision were as follows:

Reasons

The Applicant had been convicted on the 28 January 2014 of using a passenger vehicle with  ...  view the full minutes text for item 23/6