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 14 July 2025, were submitted and approved as a correct record.

The minutes of the Licensing Committee meeting, held on 21 July 2025, were submitted and approved as a correct record.

The Licensing Manager advised that there had been no appeals and no revocations since the last meeting.

There were no urgent items.

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 a report in relation to the review of a Private Hire Vehicle Driver Licence, Ref: 27/25, highlighting the circumstances that required the Committee’s special consideration.

The Chair outlined the procedure and confirmed that the driver, who attended the meeting with his partner, verified his personal details and acknowledged receipt of the report.  It was noted that the Licensing Consultant, who represented the driver, was not present at the meeting, as the driver had been unable to continue with the associated financial costs.

The Principal Public Protection Officer presented the report, which confirmed that the driver had been licensed with Middlesbrough Council since November 2018, with his current licence valid until October 2026.  Members were advised that on 13 June 2025, Licensing Officers had been informed by the driver’s Licensing Consultant that the driver may have been wrongly issued with a Fixed Penalty Notice, relating to the use of a mobile phone whilst driving.  The Licensing Consultant indicated that the driver had not fully understood recent legislative changes regarding mobile phone usage whilst in control of a vehicle. At the Licensing Committee 23 June 2025, Members agreed to defer consideration of the matter whilst enquiries were made with Cleveland Police, including a subject access requires from the driver regarding the alleged offence. 

On 24 June 2025, the Principal Licensing Officer contacted Cleveland Police Legal Services, seeking clarification regarding the Fixed Penalty Notice issued in relation to the incident on 11 June 2024. 

On 15 July 2025, the Principal Licensing Officer received correspondence from the Licensing Consultant, which included a letter and an incident report from Cleveland Police, provided in response to the driver’s subject access request.  The Licensing Consultant advised that the driver had accepted the Fixed Penalty Notice in error, believing the Police Officer was correct in stating that any interaction with a mobile phone, while in control of a vehicle, constituted an offence.  It was subsequently explained by the Licensing Consultant, that the offence only applied when a phone was being handheld, whereas in this case the mobile device had been secured in a bracket and the driver had only tapped the screen.  The Licensing Consultant noted similar cases had previously been contested.  As the driver had already paid the penalty, the notice could not be appealed, although judicial review by the High Court would have been possible.  However, this was not financially viable for the driver.  It was further noted that the police record contained limited information and did not specify that the alleged offence arose from tapping a securely bracketed device.

The Committee was also informed that the driver had previously been issued with a warning on 7 January 2019, following complaints regarding his driving standards, and that on 12 June 2019 Cleveland Police disclosed he had been arrested for causing serious injury by dangerous driving.  Consequently, the Licensing Manger suspended his licence on public safety grounds, a decision the driver did not appeal.  On 30 September 2019, the  ...  view the full minutes text for item 25/32