Agenda and minutes

The minutes of the previous meeting of the Licensing Committee, held on 15 April 2024, 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 Environment and Community Services submitted an exempt report in connection with the review of Private Hire Vehicle Driver Licence, Ref: 05/24, where circumstances had arisen which required special consideration by the Committee.

With the permission of the Chair, the Licensing Manager circulated a copy of a written statement provided by the driver in support of his case.

The Chair introduced those present and outlined the procedure to be followed.  The driver was in attendance at the meeting, accompanied by his wife, 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 outlining that the matter was due to be considered at the previous meeting of the Committee on 15 April, however, it was deferred due to unforeseen circumstances.  The driver appeared before Members due to allegations of inappropriate comments being made during a journey made by a minor travelling in his vehicle.

It was highlighted that the driver was first licensed with Middlesbrough Council in January 2024.  Concerns were raised by an alternative education provider with the driver’s employer on 5 March 2024 regarding the conduct of a Private Hire Vehicle driver who had undertaken a booking to transport a 14-year-old female pupil to her home address.  This followed concerns raised by the pupil’s mother immediately following the journey when the pupil had reported that the driver had made a number of inappropriate comments and questions making her feel frightened and vulnerable.

A copy of the initial email from the education provider to the driver’s employer was attached at Appendix 1.

As of a result of the email received, an investigation was conducted by the driver’s employer to establish the identity of the driver and he was subsequently interviewed on 6 March.  The driver had stated he did attend the education establishment but was told by a member of staff that the pupil had left.  He had stated he undertook the journey anyway so that he would still be paid for the journey and that he had done so because of a previous instance when something similar had happened and he was not paid by his employer for the fare.  Following the interview, the employer made further enquiries using the vehicle’s tracking system which confirmed that the vehicle in question had undertaken the journey from the education establishment to the pupil’s home address, however, the system does not show whether any passengers were carried in the vehicle.  Two CCTV stills were provided by the education establishment showing the pupil getting into the driver’s vehicle on the day in question.

The driver’s employer provided details of the interview undertaken with the driver and the investigation to the Licensing department on 12 March.  This was attached at Appendix 2.  Copies of the CCTV stills from the education establishment showing the pupil approaching then entering the driver’s vehicle were attached at Appendix 3.

The driver was subsequently interviewed by a  ...  view the full minutes text for item 23/48

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 07/24, where circumstances had arisen which required special consideration by the Committee.

** DECLARATION OF INTEREST

When the applicant joined the meeting, Councillor Romaine declared a non-pecuniary interest in the item, as the applicant was known to her.  Councillor Romaine withdrew from the meeting at this point and, therefore, took no part in the consideration or determination of the matter.

The Chair introduced those present and outlined the procedure to be followed.  The applicant 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 outlining that the applicant appeared before the Committee as a result of his previous convictions, detailed at 1) to 5) in the report.

The applicant was interviewed by a Licensing Enforcement Officer on 18 April 2024 when he confirmed that there were no outstanding matters of which the Council was unaware and provided explanations in relation to the offences at 1) to 5).  The applicant also advised that he was previously licensed with Middlesbrough Council until his licence was revoked following the offence at 2).  The Licensing Manager advised that this could not be confirmed as records from that period were no longer held, however, he was able to confirm that he did recall the applicant being a licensed driver with the Council.

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 addressed the Committee 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 driver would receive the full decision and reasons within five working days.

ORDERED that the application for Private Hire Vehicle Driver Licence, Ref No: 07/24, 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.      Following careful consideration of all the information, the Licensing Committee decided to refuse the application for a Private Hire Vehicle driver’s licence on the grounds that  ...  view the full minutes text for item 23/49

Licensing Appeals

Whilst there were currently no pending licensing appeals, the Licensing Manager provided a brief update to Members in relation to two Licensing Sub Committees that had been held recently.

1.     Middlesbrough Empire – An expedited summary review had been held on 28 March following receipt of an application from the Chief constable of Cleveland Police based on serious crime and disorder at the premises.  The Sub Committee had imposed Interim Steps on the Premises licence which included suspending the licence until the Full Review Hearing. 

The full review was held over two days on  24 and 25 April when a further suspension of the licence until 16 May was imposed as well as a range of other conditions including replacing the previous management team and door staff team at the venue.

2.     Berwick Hills Petrol Station – Following the sale of a number of petrol stations by Morrisons across the country, Morrisons petrol station at Berwick Hills had been sold to an independent operator who had applied for an alcohol licence.  Following objections from local ward councillor, public health and police, a Sub Committee was held on 26 April to consider the matter.  A decision in respect of this was pending.

NOTED