Agenda and draft minutes

There were no Declarations of Interest made by Members at this point in the meeting.

The Minutes of the previous Licensing Committee held on 4 September 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.

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: 11/23, 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 accompanied by a friend, 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 been interviewed by a Licensing Enforcement Officer on 24 October 2023 in relation to the offence detailed at 1) in the report.  During the interview, the applicant provided an explanation in relation to the offence and confirmed that there were no other offences of which the Council was unaware.

The applicant had received an £800 fine and six points on his DVLA licence, resulting in his DVLA licence being revoked for three months, for the offence of driving without valid insurance.  The applicant had wanted to appeal the conviction to the Court but was unable to do so due to it happening during Covid.

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 and his representative presented the case in support of the 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, 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 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: 11/23, 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, Middlesbrough Council’s Private Hire and Hackney Carriage Policy 2022 (“the Policy”), the report and representations made by the applicant and his representative.

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 the licence.  The reasons for the decision were as follows:-

Reasons

5.     The Applicant was convicted of driving a vehicle without valid insurance  ...  view the full minutes text for item 23/16

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: 10/23, 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 previously appeared before the Committee in November 2018, when Members decided to refuse his application.  A copy of the Committee’s decision and reasons was attached at Appendix 1.

The applicant now appeared before Members with a fresh application, due to the offences detailed at 1) and 2) in the submitted report.

The applicant was interviewed by a Licensing Enforcement Officer on 24 October 2023 when he confirmed his previous explanations for the offences at 1) and 2) 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, highlighting that his DBS check had been clear since 2018 and that he had no penalty points on his DVLA licence.  He responded to questions from Members, the Council’s legal representative and the Licensing Manager.

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: 10/23, 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, Middlesbrough Council’s 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 the licence.  The reasons for the decision were as follows:-

Reasons

5.     On 17 December 2012, the applicant was convicted of soliciting another for the purpose of obtaining their sexual  ...  view the full minutes text for item 23/17

Taxi Driver Testing

Several Members of the Committee had requested a discussion around the tests carried out for applicants wishing to become licensed drivers and the minimum requirements.

The Committee was advised that the Government’s Statutory Standards for Taxi and Private Hire Vehicle Licensing recommended that drivers should be proficient in verbal and written English language skills.  A 45-minute written test, in English, was carried out by Licensing Officers, together with appointments between the Officer and applicant in order that their level of English and understanding to be assessed.

In response to a query, it was confirmed that the test was reviewed periodically, however, there were standard questions as set out in the Government Guidance that must be included, for example, around safeguarding and disability awareness.

In response to a question regarding taxi driving tests and knowledge tests, the Committee was advised that the practical driving tests for applicants had not taken place for a number of years following consultation.  Similarly, testing of driving routes, or knowledge test, was abandoned more recently, following consultation, for Private Hire drivers only.  The reason for this was that almost all Private Hire Vehicles were now operated using a Sat-Nav data system.  It was highlighted that knowledge tests were still carried out for Hackney Carriage applicants.

NOTED