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 13 May 2024 were submitted and approved as a correct record.

 

The Licensing Manager will provide a verbal update, if applicable, on any licensing appeals that have been made since the last meeting of the Committee.

The Principal Licensing Officer advised that no appeals had been made in relation to licensing matters since the previous Committee meeting.

Nominations were sought for the appointment of Chairs to Licensing Sub Committees B and C.  Nominations were subsequently received and seconded.  It was noted that the appointment of Chair of Sub Committee A was made at the Annual Council meeting on 22 May 2024.  Councillor Lewis was appointed as Chair of Sub Committee A.

 

ORDERED as follows:-

 

1.     That Councillor Hill be appointed as Chair of Licensing Sub Committee B.

2.     That Councillor Livingstone be appointed as Chair of Licensing Sub Committee C.

 

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 an exempt report in connection with an application for a Private Hire Operator’s Licence, Ref: 11/24, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed.  Representatives from the Company applying for the Operator’s Licence, to be based in Middlesbrough, were in attendance at the meeting and confirmed that they had been supplied with a copy of the report and understood its contents. 

 

The Principal Licensing Officer presented a summary of the report outlining the details of the application.  Members were advised that the application would ordinarily have been granted by Officers under delegated powers as there were no objections or concerns, however, the applicant had requested an exemption from compliance with the Council’s Licensing Policy in respect of two standard conditions.

 

The request to be exempt from two of the standard conditions was set out in the report together with the applicant’s submission as to why they had requested the exemption and their proposals to meet the standard condition as far as practicable.

 

A copy of the application was attached at Appendix 1 and further supporting documents, including the applicant’s policy on Modern Day Slavery were attached at Appendix 2.

 

The applicants representatives – Head of Cities UK; Head of Compliance and Legal Representative – made a detailed presentation to the Committee regarding the applicant’s operating model, policies and procedures and safeguarding processes.

 

It was highlighted that the applicant provided an ‘app-based’ operating model which allowed customers to pre-book private hire vehicles.  The applicant was currently licensed to operate all over the country and globally.

 

The applicant’s representatives responded to questions from Members of the Committee.

 

It was confirmed that there were no further questions and the applicant’s representatives 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 Operator’s Licence, Ref No: 11/24, be granted, as follows:-

 

Authority to Act

 

1.    Under Section 55 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may grant a licence to operate Private Hire Vehicles provided the applicant was a ‘fit and proper person’.

 

2.    The Committee considered Section 55 of the Act, the Middlesbrough Council Private Hire and Hackney Carriage Policy 2022 (“the Policy”), the report and representations made by the Applicant’s team of representatives.

 

3.    The Committee also considered whether the nature of the applicant’s offering as an ‘App’ (computer/phone application/program-based) operation was compatible with Middlesbrough’s standard conditions.

 

4.    In particular, the applicant’s offering required to demonstrate that it satisfied condition 1(c) relating to Standards of Service of vehicles; and condition 3 relating to registers of bookings by dispatch staff.

 

5.  ...  view the full minutes text for item 24/6

The Director of Environment and Community Services submitted an exempt report in connection with the review of Private Hire Vehicle Driver Licence, Ref: 10/24, 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 his legal 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 Principal Licensing Officer presented a summary of the report outlining that the driver was first licensed with Middlesbrough Council in June 2023.  He now appeared before Members as a result of an incident on 13 May 2024 which raised concerns over the safety and welfare of a child.

 

On 14 May 2024 the Licensing Department received an email from the Community Transport Manager at Stockton Council stating that they had received a report from a local college reporting they had witnessed a school transport taxi leaving the site then parking in a nearby supermarket car park at which point the child passenger was transferred into another vehicle.  It was then reported that the driver had an appointment and had asked a friend to transport the child home.  This had been reported to the driver’s employer.

 

Middlesbrough’s Licensing Officer made contact direct with the college and spoke to the Safeguarding Officer to obtain further details about the complaint.  The Officer asked that his contact details be passed to the child’s parents and asked to contact him.

 

On 16 May 2024, the Licensing Officer contacted the driver’s employer to ask them to confirm that they were aware of the incident and the outcome of any subsequent interview with the driver.  A response was received confirming that they were aware of the incident and had reported the matter to Stockton Council, assuming that the driver was licensed with Stockton Council.

The driver had confirmed to his employer that he had collected the child from the college and stopped not far away and had asked a friend to take the child home as he had a family emergency and had panicked.  The driver had not notified his employer at the time, or following the incident.

 

The driver was advised of the proper course of action should there be any reason why a journey could not be completed.  It was also highlighted that the child had arrived home safely.

 

The Licensing Officer contacted the driver on 16 May when the driver provide the name of the friend who had transported the child home.  The friend was not a licensed private hire driver.

 

The was interviewed by a Licensing Enforcement Officer, by telephone, on 22 May 2024 when he provided an explanation in relation to the incident on 13 May.  The driver stated that he had been called to attend a family emergency and that his friend had been parked in a nearby car park.  He had panicked and asked his friend to take  ...  view the full minutes text for item 24/7

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 08/24, 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 that he had received a copy of the report and understood its contents. 

 

The Principal Licensing Officer presented a summary of the report outlining that the applicant appeared before Committee as a result of the offence detailed at 1) in the submitted report.

 

The offence was revealed during a routine DBS check, however, the applicant had not disclosed the offence on his application form.

 

The applicant was interviewed by a Licensing Officer on 8 April 2024 when he confirmed that there were no outstanding matters of which the Council should be aware and offered and explanation in relation to the offence at 1).

 

The applicant confirmed that the report was an accurate representation of the facts and was invited to address the Committee in support of his application. 

 

The applicant addressed the Committee 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 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: 08/24, refused.

 

Authority to Act

 

1.    Under Section 51 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may grant a licence to drive Private Hire Vehicles provided the applicant was a ‘fit and proper person’.

 

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 Committee also considered whether there was good reason to depart from the Policy, having regard to the conviction recorded against the applicant.

 

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

 

Decision

 

5.    After carefully considering all the information, the Licensing Committee decided not to grant the Private Hire Vehicle driver’s licence.

Reasons

 

6.    The applicant admitted to a conviction of stalking of a female in 2019 whilst working as a security guard in Essex and for which he received a six month prison sentence suspended for two years and a restraining order.

 

7.    The applicant claimed to the Committee that he did not know he had been convicted. He previously told the licensing department that he did not know that the matter would be revealed by the checks undertaken by the Licensing Authority.

 

8.    The  ...  view the full minutes text for item 24/8

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 09/24, 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 that he had received a copy of the report and understood its contents. 

 

The Principal Licensing Officer presented a summary of the report outlining that the applicant appeared before Committee as a result of his previous convictions detailed at 1) and 2) in the submitted report and four recorded complaints received when the applicant had previously been licensed by Middlesbrough Council between 1 March 2016 and 25 May 2018 when his licence was revoked.

 

The applicant was interviewed by a Licensing Officer on 23 April 2024 when he confirmed that there were no outstanding matters of which the Council should be aware and offered explanations in relation to the offences at 1) and 2) and in relation to the complaints.

 

It was highlighted that complaint number 4) related to a failed routine random drugs test which led to the applicant’s licence being revoked by Officers, with immediate effect.

 

The applicant confirmed that the report was an accurate representation of the facts and was invited to address the Committee in support of his application. 

 

The applicant addressed the Committee and responded to questions from Members.

 

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, 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: 09/24, be refused.

 

Authority to Act

 

1.    Under Section 51 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may grant a licence to drive Private Hire Vehicles provided the applicant was a ‘fit and proper person’.

 

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.

 

Decision

 

4.    After carefully considering all the information, the Licensing Committee decided not to grant the Private Hire Vehicle driver’s licence.

 

Reasons

 

5.    The applicant admitted to previously holding a taxi licence with Middlesbrough Council but that the licence was revoked due to a random drug test by the Council revealing the presence of cocaine and amphetamines in his system.

 

6.    The applicant claimed in Committee that he believed that his drink had been spiked with the drugs and that he had not been aware of them because  ...  view the full minutes text for item 24/9