Agenda and minutes

The minutes of the previous meeting of the Licensing Committee, held on 9 September 2024, were submitted and approved as a correct record.

The Licensing Manager will provide a verbal update, if applicable, on any licensing appeals that have been made since the last meeting of the Committee.

The Licensing Manager advised that there had been no new appeals since the previous meeting and that the appeals in respect of Crescent Road and Empire remained pending.

NOTED

None.

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 an application for a Private Hire Vehicle Driver Licence, Ref: 16/24, 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 was in attendance at the meeting, verified his name and address and confirmed he had received a copy of the report and understood its contents. 

The Licensing Manager advised that there was a correction that needed to be made to the report at page five.  With reference to the Chronicle newspaper article, the date should have read 25 August 2013 and not 2024 as stated.

The Licensing Manager presented a summary of the report outlining the details of the application.  The applicant appeared before Committee as a result of a previous criminal conviction recorded on his DBS certificate.

The applicant was interviewed by Licensing Enforcement Officers on 17 September 2024 when he confirmed there were no other outstanding matters of which the Council was unaware and provided an explanation for the offence, detailed at 1) in the submitted report.

In brief, the circumstances of the offence related to the applicant allowing his brother to live in a flat owned by the applicant, for which his brother paid rent to him and allowing him to work in the applicant’s business, despite discovering that his brother was in the country illegally and had false documents.

The applicant stated he felt obliged to cover for his brother out of family loyalty, and admitted to lying to Immigration Officers and lying when the matter went to Court.  The applicant was subsequently sentenced to 15 months imprisonment.

Attached at Appendix 1 was a newspaper article from that time which the applicant confirmed was largely correct but disputed two points – one, that he did not pay any money for his brother’s false documents and; two, that he was not aware of his brother’s immigration status until after he arrived in the UK.

The applicant currently held a licence with Wolverhampton Council which was due to expire in November 2025 and had previously held a licence with Darlington Council from 2018 to 2021.

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

The applicant spoke in support of his application and responded to questions from Members of the Committee 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 teams, 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 a Private Hire Vehicle Driver Licence, Ref No: 16/24, be refused, as follows:-  ...  view the full minutes text for item 24/29

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 15/24, 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 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. 

DECLARATION OF INTEREST

Councillor Kabuye advised that he recognised the applicant by sight, from a community event, but did not know him in a personal capacity.  The applicant confirmed that this was the case and had no objection to Councillor Kabuye remaining and taking part in the discussion and decision-making process.

The Licensing Manager presented a summary of the report outlining that the applicant appeared before the Committee as a result of his previous criminal convictions recorded on his DBS certificate, detailed at 1) to 4) in the report.

The applicant was interviewed by Licensing Enforcement Officers on 24 July 2024 when he confirmed that there were no other outstanding matters of which the Council was unaware and provided explanations for the offences at 1) to 4).

In brief, the offences had taken place between 1996 and 2000 when the applicant was young and he stated he deeply regretted his actions but had turned his life around.  The applicant is now an ordained minister and volunteers in the community giving motivational speeches to groups and individuals to try and help them make the right life choices.  The applicant confirmed that he had not committed any further offences during the past 22 years.

The applicant had provided six character references in support of his application and these were attached at Appendix 1.

The applicant also provided a personal statement in support of his application and this was attached at Appendix 2.

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

The applicant spoke in support of his application and responded to questions from Members of the Committee.

It was confirmed that there were no further questions and applicant and Officers of the Council, other than representatives of the Council’s Legal and Democratic Services teams, 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 a Private Hire Vehicle Driver Licence, Ref No: 15/24, be granted, as follows:-

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  ...  view the full minutes text for item 24/30