Agenda item

The Council’s Legal representative reminded the Committee that questions posed to Applicants and drivers should be relevant to the application or review. Members were reminded that failure to do so could bring any decisions into doubt.

 

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 02/24, 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 attended the meeting, verified his name and address, and confirmed that he had received a copy of the report. He confirmed he understood its contents but did not have a copy with him. The Applicant confirmed he did not have any questions on the process to be followed.

 

There were no questions from Members on the contents of the report.

 

The Licensing Manager presented a summary of the report highlighting the Applicant had previously been licenced by the Council as a private hire driver between February 2016 and 11 December 2017. As such this was a new application.

 

Members were advised the Applicant had appeared before the committee on 18 December 2016 following which the committee issued a warning about the Applicant’s conduct.

 

The Applicant then appeared before the committee on 11 December 2017 in relation to offence 1 which was detailed in the report and had been previously reported to Members on 11 December 2017. On this occasion the committee decided to revoke the Applicant’s Private Hire Driver Licence. The Applicant was interviewed by the Licensing Manager on 29 January 2024.

 

Members were advised that offence 1 in the report related to plying for hire in an unlicenced hackney carriage. This had taken place in April 2017 when the Applicant had agreed to accept an un-booked fare from Council Officers during a test purchase process. The Licensing Manager also highlighted that while the Applicant disputed some of the details of the offence, he accepted it happened and regretted taking the un-booked fare.

 

The Applicant subsequently appeared before Magistrates Court on 14 November 2017 where he pleaded guilty to the offence.

 

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

 

The Applicant presented his case to the committee. The Applicant subsequently 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 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’s Driver Licence be granted.

 

Authority to Act

 

1.    Under Section 51 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee grant a licence to drive private hire vehicles provided the Applicant is 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 and his representative.

3.    The Committee also considered whether there was good reason to depart from the policy given the previous revocation of the Applicant’s private hire licence.

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 to grant the Private Hire vehicle driver’s licence

 

Reasons

 

6.    The Applicant (Mr Tesfom) admitted on two previous occasions to plying. The Applicant’s private hire driver licence was revoked in November 2017.

7.    The Applicant addressed the incidents of plying and the Committee asked questions regarding the incidents.

8.    Members had to consider whether to depart from the policy which reads as the following:

“If a driver’s, vehicle proprietor’s or operator’s licence is revoked as the result of a conviction for breaches of licensing legislation, then that person would normally be  expected to show a period of at least seven years free from conviction, caution,  reprimand or final warning before a new application is considered.”

9.    Therefore, according to the policy, the Applicant would typically have had to have waited until November 2024 in order to be considered for a new application.

 

10.  In consideration of departing from the policy, the members reasons for doing so are as follows;

 

a.    In accordance with the policy, the Applicant’s ‘new date’ for consideration of a taxi licence would have been November 2024 (7 years from the revocation of licence). The Committee considered that majority of the time has lapsed (6 years and 3 months) and therefore the application should be heard and considered by the Committee.

b.    The Applicant showed genuine remorse and regret for his actions and advised the Committee of his age 6 years ago when the offences were committed.  The Applicant states that he has learnt his lesson and has since obtained an understanding in risk assessment and safety through his current occupation.

c.     The Applicant understood the seriousness of the offences and the effect it can have on the wider public and the Council, especially in relation to the voiding of his insurance by plying.

d.    The Applicant now has a family (a pregnant wife and a young daughter) and this has contributed to his maturity. He states that his priority is to provide for his family.

e.    The Applicant has had a clean driving record since the date of revocation.

f.      The Applicant appears to be a fit and proper person.

 

11.  The Committee considered it appropriate in the above circumstances to depart from the policy and grant the private hire licence.

 

At this point in the meeting Cllr McTigue withdrew from the meeting.