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 3 February 2025 were submitted and approved as a correct record.

The Director of Environment and Community Services submitted a report seeking the Committee’s approval of the Council’s Statement of Licensing Policy 2025-2030 and the Cumulative Impact Assessment 2025-2028 and to recommend to Full Council that the Policies be ratified.

The Committee was advised that Section 5 of the Licensing Act 2003 required Licensing Authorities to publish a Statement of Licensing Policy to be applied when exercising their functions under the Act. Pursuant to the Act, the Statement of Licensing Policy (SOLP) must be approved by Full Council.  The Policy had a lifespan of five years but must be kept under review during that time and revised when appropriate.

The purpose of the Policy was to promote the four Licensing Objectives, (Prevention of Crime and Disorder; Prevention of Public Nuisance; Public Safety; and Protection of Children from Harm) and was considered whenever the Council exercised its functions under the Licensing Act 2003.

The Council’s previous SOLP became effective on 1 January 2017 and lapsed on 31 December 2022, however, due to the impact of Covid it had not been possible to review the Policy and the Cumulative Impact Assessment until now.

In terms of the Cumulative Impact Assessment (CIA), Section 5(a) of the Licensing Act 2003, stated that Local Authorities may publish a CIA to help limit the number and/or types of licence applications granted in particular areas where there was evidence to show that the number or density of licensed premises in the area was having a cumulative impact leading to problems that undermined the licensing objectives.

Middlesbrough Council had implemented CIAs for certain premises and the previous Policy included CIAs for On and Off Licensed premises in areas within the town centre and also for Off Licensed premises only within the Wards of: Central, Newport, Park, Longlands and Beechwood, and North Ormesby.

On 6 April 2018, the Policing and Crime Act 2017 introduced an amendment to the Licensing Act 2003, placing a duty on Licensing Authorities intending to implement a Cumulative Impact Policy to carry out a cumulative impact assessment to evidence justification of such a policy.

Section 5(a) of the Licensing Act stated that CIAs related to new applications for premises licences and club premises certificates in a specified area.  Where a Licensing Authority published a CIA in must, before the end of a three year period, consider whether it remained of the opinion set out in the assessment.

A draft Statement of Licensing Policy and Cumulative Impact Assessment was developed in accordance with the act and Officers were of the opinion that there was evidence to justify the inclusion of three additional Wards in the CIA in relation to Off Licensed premises.  These areas were:-

·         Park End and Beckfield

·         Brambles and Thorntree

·         Berwick Hills and Pallister

An eight-week consultation (from 1 July 2024 to 26 August 2024) was carried out with statutory consultees and wider partners which resulted in ten responses being received.  These were set out in a table at Appendix 1 to the report, together  ...  view the full minutes text for item 24/66

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 Principal Licensing Officer provided an update in relation to a pending driver appeal, previously mentioned at the Committee’s meeting on 13 January 2025.  The driver’s licence was revoked with immediate effect by Officers following an incident in November 2024.  The driver had subsequently lodged an appeal which was scheduled to be heard in July, however, the Police had confirmed that they would be taking no further action against the driver and it was possible that he may wish to submit a fresh application for a taxi driver licence.

NOTED

There were no urgent items to consider.

NOTED

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: 05/25, where circumstances had arisen which required special consideration by the Committee.

The Chair introduced those present and outlined the procedure to be followed.  The driver, who was in attendance at the meeting accompanied by his representative, verified his name and address and confirmed he had received a copy of the report and understood its contents. 

The Principal Licensing Officer advised the Committee that the Licensing Team had obtained a recording of a voicemail message left on the driver’s phone when he had attempted to contact the passenger for payment.  This would be played to the Committee.

The driver’s representative wished to make two amendments to the submitted report.  The first was to clarify, at page three of the report, that the driver had completed the full journey without having his mobile phone, and the second was in relation to page two of the report to clarify that one of the two males referred to, was the male that had initially got into the driver’s taxi on the first occasion.

The Principal Licensing Officer presented a summary of the report outlining that the applicant appeared before Members as a result of recent matters that had arisen which raised concerns over his suitability to continue being licensed driver with Middlesbrough Council.

The driver was first licensed with Middlesbrough Council in May 2024 and his current licence was due to expire in April 2025.

Members were advised that the Licensing Office received an email on 30 January 2025 from the driver’s operator stating that his account had been deactivated as a result of him taking a direct booking from a passenger without notifying the operator and subsequently messaging the female passenger on social media.  A copy of the email was attached at Appendix 1.  The email included screen shots of the messages.

The messages initially were from the driver to the female passenger providing his bank details for payment of the journey undertaken, however, they became hostile and abusive and then threatening when the female refused to pay the fare.  The driver was subsequently interviewed by his operator regarding the incident and they decided to no longer employ him.  The decision was as a result of the social media messages and the operator confirmed that no-one had made a complaint to them directly.

The driver was interviewed by the Licensing Manager and a Licensing Enforcement Officer on 31 January 2025 regarding the illegal booking and the content of the social media messages.

The driver provided his version of events in relation to the incident which was detailed in the submitted report.

The Principal Licensing Officer advised the Committee that Cleveland Police had confirmed that the driver had reported the incident but that the case had been closed with no further action being taken.

The driver’s representative presented the case in support of the driver, providing background information in relation  ...  view the full minutes text for item 24/70

The Director of Environment and Community Services submitted an exempt report in connection with the review of Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 06/25, where circumstances had arisen which required special consideration by the Committee.

The Chair introduced those present and outlined the procedure to be followed.  The driver, 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 Principal Licensing Officer presented a summary of the report stating that the driver was first licensed with Middlesbrough Council in 1998.  Historically, he had appeared before the Licensing Committee in February 2005 due to three offences being recorded against him.  On that occasion his licence was suspended for one month.

The driver again appeared before the Licensing Committee in May 2006 due to a further conviction and on that occasion was permitted to retain his licence.

The driver now appeared before the Committee as a result of the convictions detailed at 3) and 4) in the submitted report.

It was confirmed that whilst the driver had notified the Licensing Office of the offence at 4), he had failed to do so within 48 hours as required by condition on his licence.  As a result, Officers carried out a routine check on the status of the driver’s DVLA licence on 5 February 2025 which revealed the motoring offences detailed at 3) and 4) in the report and resulting in nine penalty points on his DVLA licence.  There were no records of the driver notifying the Licensing Office of the offence at 3) which was further breach of the condition on his licence.

The driver was interviewed by a Licensing Enforcement Officer on 6 February 2025, by telephone, when he provided an explanation in relation to the offences at 3) and 4).

The driver confirmed the content of the report as being an accurate representation of the facts and was invited to address the Committee in support of his case.

The driver addressed the Committee and responded to questions from Members of the Committee.

It was confirmed that there were no further questions and the driver, 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 review. 

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 Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref No: 06/25, be revoked, as follows:-

Authority to Act

1.     Under Section 61 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may revoke or suspend a Private Hire/Hackney Carriage Vehicle driver’s licence on the grounds that:-

2.     Since the grant of the licence, the driver had been convicted of an offence involving dishonesty, indecency or violence;

3.     Since the grant of the licence, the  ...  view the full minutes text for item 24/71