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 24 July 2023 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.

Before introducing the first Driver, the Chair advised Members that during closed deliberations proposals and motions should only be made at the end of any discussions to ensure all perspectives had been considered.

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: 08/ 23.

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 Driver was accompanied by a licensing consultant who was in attendance virtually.

The Licensing Manager presented a summary of the report, outlining the Driver had been licenced as a Private Hire Vehicle Driver since March 9 2023.  Members were advised the Driver appeared before the Committee in relation to a complaint about the standard of his driving on the 12 May 2023. Members were also advised the Driver was interviewed by a Licensing Enforcement Officer on 16 June 2023 and 11 July in relation to offences at 1 and 2 in the report, as well as the complaint.

As part of the complaint dash-cam video evidence was presented to the committee.

Members were advised the offences listed at 1 and 2 in the report were not new and were previously known to the Council. However, the Committee was advised these remained relevant.

The Driver presented the case in support of his application and responded to questions from Members and the Council’s Legal Representative.

The Driver’s representative advised Members the incident resulting in the complaint of 12 March 2012 was due to extenuating circumstances, namely a medical emergency. The emergency required the driver reach home at pace.

Members were told the incident was not reflective of the Driver’s normal driving standards. Members were told the Driver was familiar with the area in question and had driven according to the circumstances. Members were also advised the Driver did not deny any of the circumstances or incidents and that he apologised for his driving standards. The Driver also stated he would be prepared to attend a Driver Improvement Scheme.

It was clarified the Driver had three points on his licence rather than six and there had been no further incidents in the four months since the incident.

It was confirmed that there were no further questions and the Driver and Officers of the Council, other than representatives of 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 Driver would receive the full decision and reasons within five working days.

ORDERED that Private Hire Vehicle Driver Licence, Ref No: 08/23, be retained, but that the Driver be issued with a warning regarding his future conduct and be required to complete the Driver Improvement Scheme at his own expense within  ...  view the full minutes text for item 23/10

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: 09/ 23.

The Chair introduced those present and outlined the procedure to be followed. The Applicant, who was accompanied by a relative, verified his name and address. A copy of the report was provided to the Applicant who confirmed he understood its contents.

The Licensing Manager presented a summary of the report, outlining the Applicant appeared before Members in relation to offences 1 and 2 in the report. Members were advised the Applicant already held a Private Hire Vehicle Driver’s Licence with Wolverhampton Council which was due to expire in 2024.

Members were advised, that in relation to offence 1, the Applicant had undertaken and completed the necessary actions required for the offence. Members were also advised, that in relation to offence 2 in the report, the Applicant was not in the country at the time of being notified of the offence.

The Applicant was invited to make his case to the Committee. The Applicant informed Members that, despite being licenced with Wolverhampton Council, it would be advantageous to be licenced in Middlesbrough as this would be closer to home. The Applicant’s relative advised Members that while the offences cited in the report were regrettable, they had happened, nonetheless.

When asked, the Applicant informed Members he did not disclose on his application form the offence at 2 in the report as he thought that conviction was spent. 

The Applicant continued to present the case in support of his application and responded to questions from Members 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 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 Private Hire Vehicle Driver Licence, Ref No: 09/23, 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, the Middlesbrough Council Private Hire and Hackney Carriage Policy 2022 (“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 the information the Licensing Committee decided refuse to grant the Application for a private hire vehicle driver’s licence on the grounds that the Committee was not satisfied the Applicant was a fit and proper person to be granted a licence by Middlesbrough Council.  The  ...  view the full minutes text for item 23/11

None.