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 4 April 2022 were submitted and approved as a correct record.

a.    Appointment of Chair to Licensing Sub Committee B

b.    Appointment of Chair to Licensing Sub Committee C

c.     Appointment of Three Members of the Licensing

Committee to the Casino Licensing Sub Committee

d.    Appointment of Three Named Substitutes to the Casino

Licensing Sub Committee (who must be Members of the

full Licensing Committee)

The Licensing Committee appointed the Chair to the following Committees:

Licensing Sub Committee B: Councillor Teresa Higgins

Licensing Sub Committee C: Councillor Chris Cooke

ORDERED: That the Councillors appointed act as Chair of their respective Sub Committees.

Members are asked to note the following appointments as decided at the Council’s AGM on the 25 May 2022:

a.    Licensing Sub Committee A - Chair of Licensing Committee (Vice Chair in the Chair’s absence)

b.    Licensing Sub Committee (GENERAL) – Chair of Licensing Committee

The Committee was asked to note that at the Council’s Annual General Meeting of 25 May 2022:

·         Cllr Ron Arundale was appointed as Chair of Licensing Committee, Chair of Licensing Sub-Committee A and Licensing Sub Committee (General);

·         Cllr Eric Polano was appointed Vice Chair of Licensing Committee and Vice Chair of Licensing Sub Committee A.

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 Licensing Manager presented information relating to Drink Spiking. Members were made aware this was a national concern and that Licensing Committees were being encouraged to continue working with partners to address the problem.

Members were also advised that further information was awaited from the Police about drink spiking incidents in the Middlesbrough area.

Members were keen to receive statistical information about this problem, including a gender breakdown.

Members were also advised that, depending on further information received, current policies could be amended in an effort to combat the problem drink spiking.  

ORDERED that:

1.    Members be provided with statistical information about drink spiking incidents in Middlesbrough

2.    The information presented be noted.

The Director of Adult Social Care and Health Integration submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 05/22, 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 accompanied by a representative of Royal Cars, 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.  The Applicant was first licenced with the Council in 2019 subject to a warning based on a number of offences that pre-dated 2004 and those detailed at (1) and (2) in the report.  

The applicant appeared before Members with a new application for a Private Hire Vehicle Driver Licence.  Members were advised he was interviewed by a Licensing Enforcement Officer on 5 May 2022 when he confirmed his previous explanation for the offences detailed in the report and provided an explanation for his disqualification from driving.

On 6 February 2020 this licence was revoked with immediate effect by Officers following the Applicant’s disqualification from driving as a result of offence (3) in the report which was detailed in Appendix 2. Members were also advised the Applicant’s driver’s licence was reinstated in February 2022.

Members were advised the Applicant did not disclose the offences detailed in the report as he believed the Council was already aware of them.

The Applicant confirmed that the report was an accurate representation of the facts and was invited to present his case in support of his application and also responded to questions from Members, the Licensing Manager and the Council’s Legal Representative.

It was confirmed that there were no further questions and the applicant, 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 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 Licence, Ref No: 05/22, 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 is satisfied the driver is a fit and proper person to be granted such a licence.

2.    The Committee considered Section 51 of the Act, Policy Guidance to Applicants, Licensed Drivers and Members of the Licensing Committee which came into force on the 1 November 2019 (“the Policy”), the report and representations made by the Applicant and his representative.

3.    The Application was considered on its own particular facts and on its merits.

Decision

4.    After carefully considering all of the information the Licensing Committee decided refuse to grant  ...  view the full minutes text for item 22/7

The Director of Adult Social Care and Health Integration submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 06/22, 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 accompanied by his legal representative, 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.  The Applicant was first licensed as a Private Hire Vehicle Driver on 3 July 2008 until 30 June 2019 when he failed to renew his licence.  He appeared before Members with a new application for a Private Hire Vehicle Driver Licence following his disqualification from driving on 25 August 2020.   

The Applicant was interviewed by a Licensing Enforcement Officer on 12 May 2022 when he provided explanations for the offences (1) to (5) detailed in the report. Members were made aware that, in 2017, Licensing Officers checked the Applicant’s licence details via the DVLA and found he had nine penalty points. The Applicant subsequently attended a Driver Improvement Scheme in September 2018. The details of this were described in Appendix 1 of the report.

Members were also made aware that, other than the 20 June 2019, the Applicant did not report his convictions to the Licensing Office as he was required by the conditions of his licence. His declaration of 20 June 2019 revealed the Applicant had 17 penalty points. Members were also advised the Applicant’s driving licence was reinstated on 25 February 2021.

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

The Applicant’s legal representative presented the case in support of the applicant. The applicant also spoke in support of his case and responded to questions from Members, the Licensing Manager and the Council’s Legal Representative.

It was confirmed that there were no further questions and the 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 Applicant would receive the full decision and reasons within five working days.

ORDERED that the Application for a Private Hire Vehicle Driver Licence Ref No: 06/22, be refused.

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 is satisfied the driver is a fit and proper person to be granted such a licence.

2.    The Committee considered Section 51 of the Act, Policy Guidance to Applicants, Licensed Drivers and Members of the Licensing Committee which came into force on the 1 November 2019 (“the Policy”), the report and  ...  view the full minutes text for item 22/8

The Licensing Manager was asked to describe how prospective Taxi Drivers were informed about their requirement to declare offences and convictions.

Members were advised that the licensing online application system contained areas specifically for the declaration of offences and convictions. They were also advised that applicants could not proceed through the online application process without completing that section of the form. 

NOTED