Agenda and minutes

To receive any declarations of interest.

There were no declarations of interest received at this point in the meeting.

To follow.

The minutes of the Licensing Committee meeting held on 14 June 2021 were submitted and approved as a correct record.

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 Adult Social Care and Health Integration submitted an exempt report in connection with the review of Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 06/21, 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, accompanied by a representative, was in attendance at the meeting and verified his name and address and confirmed that he had received a copy of the report and understood its contents. 

The Licensing Manager presented a summary of the report in relation to a complaint made by two Council Neighbourhood Safety Officers on 26 April 2021 in relation to the driver’s behaviour towards a female on 13 April 2021.  The submitted report made reference to the relevant sections of the Council’s Policy Guidance on Cautions, Convictions and Complaints.

The report highlighted that the driver was first licensed with Middlesbrough Council in February 2014.  This was the driver’s first appearance before Members and the Licensing Manager confirmed that there had been no previous complaints made in relation to the driver.

The driver was interviewed by a Licensing Enforcement Officer on 27 April 2021 when he provided an explanation in relation to the incident – full details of which were contained within the submitted report - and confirmed that there were no other outstanding matter of which the Council was unaware.

The complaint related to an incident witnessed by two Council Neighbourhood Safety Officers.  The Officers had heard an argument between a female and the taxi driver, when they had approached the driver to try and prevent the situation escalating.  Witness statements were provided by the Officers and were attached at Appendices 1 and 2.

Bodycam footage of the incident, taken by the Neighbourhood Safety Officer, was made available and viewed by Members.

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

The driver’s representative addressed the Committee in support of the driver case and responded to questions from Members and the Council’s legal representative.

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

It was confirmed that there were no further questions and driver, his representative and officers of the Council, other than representatives of the Council’s Legal and Democratic Services, 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 06/21 be retained but that the driver be issued with a warning in relation to his conduct.

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  ...  view the full minutes text for item 21/9