Agenda and minutes

The minutes of the previous meeting of the Licensing Committee, held on 17 March 2025, were submitted and approved as a correct record.

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

There were no updates to be provided.

NOTED

There were no urgent items.

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: 10/25, 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 Licensing Manager presented a summary of the report outlining that the driver had been licensed with Middlesbrough Council since October 2019, with his current licence due to expire in June 2026.

It was highlighted that Members initially granted the driver’s Private Hire Vehicle driver licence following his referral to the Licensing Committee as he had been unable to comply with certain requirements of the Council’s Hackney Carriage and Private Hire Licensing Policy.  Namely, that he had been resident in the UK for almost four years, not five years as required by the Policy, and was unable to provide a Certificate of Good Conduct of equivalent from his country of origin.  The driver’s DBS check was clear and Members decided to depart from the Policy to grant the licence as they believed the driver to be credible, trustworthy and reliable.

The driver now appeared before Members in relation to an incident on 13 March 2025 which raised concerns regarding his suitability to continue as a licensed driver with Middlesbrough Council.

The report outlined that, on 17 March 2025, Licensing Officers received information from Stockton Council in relation to some CCTV footage obtained whereby a Middlesbrough Council licensed private hire vehicle was captured, in a public car park in Stockton, engaging in sexual activity with a female passenger.

Following review of the footage, Licensing Officers made enquiries with the driver’s employer and the driver was confirmed as being the driver of the vehicle.  Further enquiries on 25 March 2025 confirmed that the driver was not logged on to work at the time the incident occurred.

The driver was interviewed by a Licensing Enforcement Officer on 21 March 2025 and was shown the CCTV footage.  The driver provided an explanation in relation to the incident and confirmed that it was him, that he was not working at the time and that the passenger was not a fare but a friend.

A copy of map showing the site of the car park was attached at Appendix 1 and a photograph showing cars parked during a typical day time period, including identification of the area where the driver had been parked at the time of the incident on 13 March, was attached at Appendix 2.

A copy of a still image taken from the CCTV footage showing the driver sitting in his vehicle in the car park was attached at Appendix 3.

CCTV footage of the incident was available to view at the meeting, however, given that Officers had reviewed the footage and that the driver had accepted  ...  view the full minutes text for item 24/85

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 11/25, where circumstances had arisen which required special consideration by the Committee.

The Chair introduced those present and outlined the procedure to be followed.  The 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 presented a summary of the report stating that the applicant appeared before Members due to the convictions listed at 1) to 4) in the submitted report. 

It was highlighted that the applicant had failed to declare the convictions listed at 3) and 4) in his application but had declared the convictions at 1) and 2) and provided a DBS disclosure certificate showing those convictions.

The Principal Licensing Officer contacted the applicant, by telephone, on 9 January 2025 to discuss the convictions declared at 1) and 2) but, at that time, the Officer was not aware of the further convictions at 3) and 4).  During discussion around the possible implications of the convictions at 1) and 2) in relation to the Council’s Policy Guidance on convictions, the applicant confirmed he wished to proceed with the application process.

Later the same day, the Principal Licensing Officer discovered online media coverage from May 2016 regarding the applicant’s involvement in operating as an unlicensed driver in a Private Hire Vehicle in Stockton.  Subsequent enquiries with Stockton Council revealed that the applicant had been prosecuted by Stockton Council in May 2016 for two offences on 10 June 2015, as detailed in the convictions at 3) and 4) in the report.  Stockton Council also provided a description of the offences and a summary of facts, together with further information held in its records regarding the offences at 1) and 2).

On 13 January 2025, the Principal Licensing Officer received an email from the applicant’s prospective employer, on behalf of the applicant, providing an explanation in relation to the offences at 1) and 2).

Due to Officers having further questions for the applicant, an interview was arranged for 18 March 2025 when the applicant provided explanations in relation to each of the offences at 1) to 4) in the report and confirmed that there were no outstanding issues of which the Council was unaware.

The interview highlighted discrepancies between the applicant’s explanation regarding the offences at 1) and 2) and the information provided by West Yorkshire Police at the time of the offences.

The applicant 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 application.

The applicant addressed the Committee in support of his application and responded to questions from Members of the Committee 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  ...  view the full minutes text for item 24/86

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Hackney Carriage Driver Licence, Ref: 12/25, where circumstances had arisen which required special consideration by the Committee.

The Chair introduced those present and outlined the procedure to be followed.  The 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 presented a summary of the report, outlining that the applicant was previously licensed as a Private Hire Vehicle driver with Middlesbrough Council in November 2001, until July 2017 when his licence was revoked by the Licensing Committee as a result of the convictions at 1) and 2) in the submitted report.

The applicant appeared before the Licensing Committee on 5 September 2022 when his application for a Combined Hackney Carriage/Private Hire Vehicle driver licence was refused.  A summary of the Committee’s decision on that occasion was detailed in the report.  A copy of the decision letter fully detailing the Committee’s decision and reasons was attached at Appendix 1 for information.

The applicant was interviewed on 7 January 2025 by the Licensing Enforcement Officer when he provided explanations for the offences at 1) and 2) and confirmed that there were no other outstanding matters of which the Council was unaware.

On 19 March 2025, the Principal Licensing Officer telephoned the applicant to ask whether he wished to provide any further information in support of his application.  The applicant subsequently provided further information, via email, in relation to his previous and current employment since the revocation of his previous licence.  The applicant also provided character references from the owner of a local gym (Appendix 2) and his current Manager (Appendix 4).  Information regarding his daughter’s medical treatment was attached at Appendix 3 for information.

The applicant 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 application.

The applicant was invited to address the Committee in support of his application and responded to questions from Members of the Committee 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 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’s Licence, Ref No: 12/25, be refused, as follows:-

Authority to Act

1.     Under Section 59 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may decide to grant a Hackney Carriage driver’s licence only if it was satisfied the driver was a fit and proper person to be granted such a licence.

2.  ...  view the full minutes text for item 24/87

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 13/25, where circumstances had arisen which required special consideration by the Committee.

The Chair introduced those present and outlined the procedure to be followed.  The 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 presented a summary of the report stating that the applicant appeared before Members due to the conviction listed at 1) in the submitted report. 

It was highlighted that records held by the Licensing Office showed that the applicant was previously licensed by the Council as a Private Hire Vehicle driver from 1 September 2017 until 30 August 2020.  The applicant’s licence was suspended on 4 June 2019 due to him not completing a Wheelchair Accessibility Course.

The applicant made a fresh application on 17 December 2024 and declared that he had no previous convictions or cautions recorded against him.  He subsequently provided a DBS Disclosure Certificate on 18 December, showing no convictions recorded against him.

On 18 December 2024, a Licensing Officer carried out a routine check on the applicant’s DVLA licence which revealed the motoring offence, dated 2 October 2024, detailed at 1) in the submitted report.

It was confirmed that the applicant had complied with all other application requirements including the completion of a Disability Awareness Training Course on 30 January 2025.

The Principal Licensing Officer contacted the applicant, on 3 February 2025, by email, to advise of the relevance of his conviction and in relation to the Council’s Policy Guidance and reminded the applicant that he had failed to declare the conviction on his application form.

The Licensing Officer also asked the applicant to confirm whether he wished to proceed with the application in view of the policy guidance.

The applicant responded on 10 February 2025 confirming he wished to proceed and provided an explanation in relation to the offence.  He was subsequently interviewed by a Licensing Enforcement Officer on 10 March 2025 when he explained the circumstances of the offence at 1) and his failure to declare it.  He also confirmed that there were no outstanding issues of which the Council was unaware.

The applicant 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 application.

The applicant addressed the Committee in support of his application and responded to questions from Members of the Committee 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 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  ...  view the full minutes text for item 24/88