Agenda and minutes

Licensing Committee - Monday 14th July, 2025 1.00 pm

Venue: Mandela Room

Contact: Joanne Dixon / Scott Bonner 

Items
No. Item

25/12

Declarations of Interest

Minutes:

Name of Member

Type of Interest

Nature of Interest

 

Councillor Kabuye

 

Non-pecuniary

 

Agenda Item 6 (Ref 22/25) – Driver known to Councillor.

 

 

25/13

Licensing Updates

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.

Minutes:

The Licensing Manager provided a verbal update in respect of a licensing appeal on 1 July 2025.  Members were advised that a Private Hire Driver Licence was revoked on 1 November 2024 due to a violent disturbance and the driver was arrested for GBH.  The appeal was upheld and £900 costs were ordered.

 

Members were also informed of a licence being revoked with immediate effect by Officers following a failed drug test.

 

The Licensing Manager informed Members of an incident in which a driver had attempted to pay himself fares of £1250 and £500 using an intoxicated passenger’s online banking application.  Police traced the driver and his licence was revoked.

 

NOTED

 

25/14

Any other urgent items which in the opinion of the Chair, may be considered.

Minutes:

There were no urgent items.

25/15

Exclusion of Press and Public

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.

Minutes:

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.

 

25/16

Application for Renewal of Combined Hackney Carriage and Private Hire Vehicle Ref:- 22/25

Additional documents:

Minutes:

DECLARATION OF INTEREST

 

At this point in the meeting, Councillor Kabuye declared a non-pecuniary interest in the following item, stating that he was familiar the applicant, as their children attended the same school. Councillor Kabuye withdrew from the meeting.

 

The Director of Environment and Community Services submitted an exempt report in connection with an application for the renewal of a Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 22/25, 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, and accompanied by his legal representative, 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 for consideration of his renewal application for a Combined Driver’s licence following a complaint made against him on 14 October 2024.

 

The complainant stated that the applicant had overcharged her disabled mother whilst carrying her as a passenger in his hackney carriage vehicle on certain journeys from the Stainton Lodge Care Home in Middlesbrough throughout September and October 2024. The complainant stated that the applicant had charged her mother set fares of £30 and £32 for five pre-booked return taxi journeys from the Care Home. The complainant also stated that the Driver had not used his taxi meter on any of the taxi journeys he had undertaken. During the period that the above taxi journeys had been undertaken, the Combined Hackney Carriage and Private Hire Driver’s Licence had been suspended due to the applicant’s failure to produce a medical report.

 

On 4 September 2024, Licensing Officers sent a letter to the applicant confirming that his Combined Hackney Carriage and Private Hire Driver Licence had been suspended with immediate effect following his failure to produce a medical report that was overdue. The letter referred to a previous reminder letter sent to the applicant, dated 16 July 2024 that had stated that his combined licence would be suspended if he had not produced a satisfactory medical report by 17 August 2024. The letter of 4 September 2024 was sent via the Council’s normal postal arrangements to the applicant’s address according to records held by the Licensing Section at that time.

 

On 11 December 2024 a Licensing Enforcement Officer contacted the applicant by telephone to remind him that his Combined Hackney Carriage and Private Hire Driver’s Licence was still suspended as he had not provided a satisfactory medical report. On 12 December 2024, a Licensing Officer sent an email to the driver enclosing a copy of the letter dated 4 September 2024 confirming the suspension of his combined driver’s licence. The officer reaffirmed that the Licensing Section had still not received an up-to-date medical certificate from him, and therefore the suspension remained. The Officer also requested that the applicant return his driver’s identification badges as stated in the suspension  ...  view the full minutes text for item 25/16

25/17

Review of Private Hire Vehicle Driver Licence Ref:-23/25

Minutes:

The Director of Environment and Community Services submitted an exempt report in connection with the review of Private Hire Vehicle Driver Licence, Ref: 23/25, 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 appeared before Members in relation to convictions recorded against him as shown at 1) & 2) in the report. The Committee was advised that the driver had been licensed as a Private Hire Vehicle Driver with Middlesbrough Council since 6 November 2023. His current licence was due to expire on the 31 October 2025.

 

On 12 January 2025, Licensing Officers received an email from the driver, stating that he had received 3 penalty points on his driving licence for a speeding offence.

 

On 5 May 2025, Licensing Officers received a further email from the driver to report points on his licence.

 

On the 6 May 2025, a Licensing Officer replied to the driver requesting further information regarding his penalty points along with the date he had received them. On that same day the driver replied stating that he had received 6 points for a conviction dated 1 May 2025.

 

On 6 May 2025, a Licensing Officer carried out a check on the status of the driver’s DVLA driving licence that revealed he had 9 points on his licence.

 

On 19 May 2025 the driver was interviewed by Licensing Enforcement Officers and provided his explanation in relation to the motoring convictions.

 

The driver was invited to address the Committee in support of his case 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 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 Private Hire Vehicle Driver Licence, Ref No: 23/25, be retained, but that the driver be issued with a warning regarding his conduct, 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:

-        Since the grant of the licence the Driver had been convicted of an offence involving dishonesty, indecency or violence;

-        Since the grant of the licence the driver had committed an offence or breached the Act or the Town Police Clauses Act 1847;

-        for any other reasonable cause. 

 

  1. The Committee considered Section 61 of the  ...  view the full minutes text for item 25/17

25/18

Application for Private Hire Vehicle Driver Licence Ref:- 24/25

Minutes:

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 24/25, 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 appeared before Members in relation to the convictions detailed at 1) to 9) in the submitted report.  In response to the question regarding previous convictions the Applicant subsequently provided a DBS disclosure certificate dated 1 April 2025 which revealed the convictions at 1) to 9) in the report.

 

On 1 April 2025, a Licensing Officer carried out a check on the status of the applicant’s DVLA driving licence that showed endorsements recorded against him.

 

On 16 June 2025, the applicant attended an interview with a Licensing Enforcement Officer to explain the circumstances surrounding his convictions, and to also provide any other information 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: 24/25, 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 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.

 

 

4.     After carefully considering all the information, the Licensing Committee decided to grant the Application for a Private Hire vehicle driver’s licence on the grounds that it was satisfied the applicant was a fit and proper person to be granted such a licence.

 

Reasons

 

5.     The applicant was convicted of offences as follows:

 

i.       23 December 1991- Convicted of eleven offences, including multiple counts of Taking Conveyance Without Authority (Theft Act 1968 S.12(1)), Reckless Driving (Road Traffic Act 1972 S.2), and Possessing Controlled Drugs (Misuse of Drugs Act 1971 S.5(2)) - Sentenced to 3 months in a Young  ...  view the full minutes text for item 25/18