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 18 December 2023 were submitted and approved as a correct record.

A Member commented that the minute for agenda item 4, on page 8 of the agenda papers, should have read “21 December 2021” rather than “21 December 2023”.

With the above amendment, the minutes of the Licensing Committee meeting held on 8 January 2024 were submitted and approved as a correct record.

A Member queried if the committee have a standing agenda item that provided a report of all Licensing decisions that had been appealed since its last meeting.

The Licensing Manager confirmed this was possible and had been done previously.

ORDERED that a standing item be placed on future Licensing Committee agendas to show what Licensing decisions had been appealed. 

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 Council’s Legal representative reminded the Committee that questions posed to Applicants and drivers should be relevant to the application or review. Members were reminded that failure to do so could bring any decisions into doubt.

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 02/24, 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 attended the meeting, verified his name and address, and confirmed that he had received a copy of the report. He confirmed he understood its contents but did not have a copy with him. The Applicant confirmed he did not have any questions on the process to be followed.

There were no questions from Members on the contents of the report.

The Licensing Manager presented a summary of the report highlighting the Applicant had previously been licenced by the Council as a private hire driver between February 2016 and 11 December 2017. As such this was a new application.

Members were advised the Applicant had appeared before the committee on 18 December 2016 following which the committee issued a warning about the Applicant’s conduct.

The Applicant then appeared before the committee on 11 December 2017 in relation to offence 1 which was detailed in the report and had been previously reported to Members on 11 December 2017. On this occasion the committee decided to revoke the Applicant’s Private Hire Driver Licence. The Applicant was interviewed by the Licensing Manager on 29 January 2024.

Members were advised that offence 1 in the report related to plying for hire in an unlicenced hackney carriage. This had taken place in April 2017 when the Applicant had agreed to accept an un-booked fare from Council Officers during a test purchase process. The Licensing Manager also highlighted that while the Applicant disputed some of the details of the offence, he accepted it happened and regretted taking the un-booked fare.

The Applicant subsequently appeared before Magistrates Court on 14 November 2017 where he pleaded guilty to the offence.

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

The Applicant presented his case to the committee. The Applicant subsequently 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 review.

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 a Private Hire Vehicle’s Driver Licence be granted.

Authority to Act

1.    Under Section 51 of the Local Government Miscellaneous Provisions  ...  view the full minutes text for item 23/32

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 03/24, 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 attended the meeting, verified his name and address, and confirmed that he had received a copy of the report and understood its contents but did not have a copy with him. The Applicant confirmed he did not have any questions on the process to be followed.

There were no questions from Members on the contents of the report.

The Licensing Manager presented a summary of the report. At the point of application Licensing officers identified an entry on the National Register of Taxi and Private Hire Driver Refusals and Revocations (NR3) database. This stated the Applicant was refused a Private Hire Driver Licence on 28 February 2022. As such further information was requested from Wolverhampton Council. This information was included in the appendix marked TH1 in the report.

At this point in the meeting the committee agreed to a temporary adjournment while TH1 was printed for Members.

When discussing TH1 the committee was advised the Applicant had engaged in abusive language over emails and phone calls with Wolverhampton Council officers. The committee was also advised of offences 1 through 5 that were detailed in the report.

The Applicant was invited to present his case to the committee. The Applicant subsequently 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 review.

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 a private hire Driver Licence 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 and his representative.

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 it was not satisfied the Applicant was a fit and proper person to be granted such a licence.

Reasons

The Applicant previously admitted to having been a user of drugs, namely cannabis. The Applicant claimed since the date of his  ...  view the full minutes text for item 23/33