Agenda and draft minutes

The minutes of the Licensing Committee held on 9 September 2024 were submitted and approved as a correct record.

The Licensing Manager advised the Committee that no Licensing Appeals were being considered.

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: 13/24, 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 was in attendance at the meeting and confirmed he had been supplied with a copy of the report and understood its contents.

The Licensing Officer provided an overview of the report and detailed the offences contained in the report. Members were advised this was a new application and appeared before the committee because of two previous offences detailed in the report.

Members were advised that during an interview with Licensing Enforcement Officers on the 16 July 2024 the applicant had explained the circumstance behind the offences detailed in the report. In relation to offence 1, the applicant stated that on evening of July 2016 he had gone out for a prearranged meal with his father. During the meal had consumed 4 or 5 pints of lager and left the pub at around 10pm. While he did not drive home the applicant woke up early the next day and travelled to a 24-hour shop on Linthorpe Road.

The Applicant was stopped by police, and following breath tests, was arrested and subsequently bailed for being over the legal limit.

In relation to offence 2 the applicant explained that he had been involved in a dispute with a neighbour. Following the incident the Applicant was arrested and given a Police caution for causing criminal damage in August 2018. The Applicant accepted the caution.

While visiting his girlfriend the applicant stated a mutual acquaintance, and neighbour, started to call his girlfriend offensive names whilst she was having a cigarette in her front garden. The applicant was notified of the remarks and went to speak to his neighbour. An argument ensued during which the neighbour brandished toward the applicant.

The Applicant stated that in self-defence he kicked the neighbour’s front door inwards towards hoping it would disarm him. The Applicant called the Police, who arrested the neighbour and took them into custody. The Applicant believed an allegation of property damage was made against him stating he had caused damage to front door.

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

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 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 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 the Application for a Private Hire vehicle driver’s licence, Ref:- 13/24, be granted with a caution as follows:

Authority to Act  ...  view the full minutes text for item 24/21

The Director of Environment and Community Services submitted an exempt report in connection with the review of Private Hire Vehicle Driver Licence, Ref: 12/24, where circumstances had arisen which required special consideration by the Committee.

The Chair advised the Applicant that Councillor Romaine had declared a non-pecuniary interest in relation to a previous interaction between the Councillor and the Applicant. The Applicant confirmed they were satisfied there was no need for Councillor Romaine to withdraw from the meeting.

The Chair introduced those present and outlined the procedure to be followed.  The Applicant confirmed they had received a copy of the report and understood its contents.

The Licensing Officer presented a summary of the report outlining that the matter was previously brought before Committee on 24 July 2024. Due to the presenting of documents requiring further information from Cleveland Police, Members agreed that the matter be deferred to a future meeting of the Committee.

After receiving a response from Cleveland Police, the Council’s Licensing team contacted the Applicant on 20^th August 2024 with exchange between both parties detailed at Appendix 2 of the report.

Members were advised this was a new application for a Private Hire Driver’s Licence. The Applicant previously held a Private Hire Driver Licence from 1st May 2017 until 30th April 2018 and then held a Combined Private Hire/Hackney Carriage Driver Licence from 23rd September 2019 until 8th August 2023 when her Combined Licence was revoked following information received from Cleveland Police under the Common Law Police Disclosure process.

The Licensing Officer provided a summary of the offences and complain detailed in the report, including that of a speeding offence in 2021 and a complaint of excess noise in 2019.

Members were advised that the primary purpose for the Applicant’s appearance before the Committee owed to incident on 5 August 2023 where the Applicant and a 16-year-old passenger were arrested for alleged possession with intent to supply a class B drug. The Applicant explained they already knew the 16 year-old male which why they agreed to transport the passenger without charging a fare and without putting the journey though the operator’s system.  A subsequent search of the Applicant’s taxi found a knife, machete and £150 in cash. Consequently, the Applicant’s licence was revoked with immediate effect on 8 August 2023. During an interview with a Licensing Enforcement Officer the Applicant stated that she had known the passenger about 3 to 4 months and came from a troubled background which was why she tried to help him when she could.

The Applicant stated the passenger asked her for a favour and needed a lift from the Sporting Lodge hotel into Middlesbrough for some hot food. The Applicant picked the passenger up, free of charge at the Sporting Lodge and drove to Park Road South with the passenger being in the rear of her licensed vehicle. The Applicant stated they were having a bad day and had lots going on in their head. When they got to Park Road  ...  view the full minutes text for item 24/22

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Operator’s Licence, Ref: 14/24, 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 was in attendance at the meeting and confirmed he had been supplied with a copy of the report and understood its contents.

The Principal Licensing Officer referred to page 41 of the submitted report which made reference to an order being signed by a District Judge on 24 March 2024 and advised that this date should read 24 March 2020.

The applicant had supplied a copy of the Order referred to and this was circulated to Members for information.  The Principal Licensing Officer pointed out that the Order ceased to have effect from 8 July 2022.

The Principal Licensing Officer presented a summary of the report outlining the details of the application. 

The applicant had previously been licensed with Middlesbrough Council in December 2016.  In April 2020 concerns were raised with Licensing Officers by the Local Authority Designated Officer (LADO) regarding the driver’s behaviour in relation to drug-taking and sexual violence towards his wife.

The LADO provided a report which included information regarding the driver’s admission to a family social worker that he had taken cocaine.  An extract from that report was included in the submitted report.

The LADO report also included other relevant information supplied by the Police in August 2017 that the driver had touched a female passenger’s leg inappropriately.  The female did not wish to make a statement at the time and no further action was taken.

As a result of the report and concerns raised by the LADO, on 24 April 2020, the driver attended the Council Licensing Officer to undertake a drug test.  The result was negative, however, the driver admitted to taking cocaine on four or five occasions previously.

Subsequently a review of the driver’s licence was carried out following consultation with the Council’s Legal Department and it was decided to revoke his licence with immediate effect (Appendix 1).

The driver appealed the decision to the Magistrates Court in November 2020 when it was determined that, on the balance of probabilities, the driver posed a risk to the public and the appeal was dismissed.

In November 2023 a fresh application was made by the applicant.  As part of the application process, in January 2024, Licensing Officers received a disclosure from the Cleveland Police DBS team stating that the driver was arrested on 6 January 2024 for harassment and driving with a specified controlled drug above the speed limit.  It was alleged that the applicant had attended his ex-wife’s address causing harassment and had further been stopped driving a vehicle and testing positive for cocaine in a drug swipe test at the roadside.

As a result of the above, the applicant was interviewed by Licensing Enforcement Officers on 5 February 2024 and was advised that the  ...  view the full minutes text for item 24/23