Agenda item

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

 

Decision

 

6.    After carefully considering all the information, the Licensing Committee decided to grant the Private Hire Vehicle Operator’s licence.

 

Reasons

 

7.    The Council’s Licensing Officer explained to the Committee that, but for the request to be exempt from two of the Council’s standard licensing conditions, the application would have been granted under delegated powers by Officers.  The applicant had provided details of the reasons for the exemption requests and provided alternative ways in which it would address the issues covered by the standard conditions.

 

8.    There had been no objections to the granting of the licence from the Police or the Local Authority.

 

9.    The Applicant’s representatives, provided the Committee with a detailed presentation setting out its operating model and explained how it worked in practice.

 

10.  The Applicant also explained the manner in which they controlled the standards of vehicles, as well as the conduct and control of drivers.

 

11.  They explained, in particular the applicant’s:-

 

a)    booking record storage and retrieval systems; and

b)    processes for controlling vehicle and driver standards initially and upon receipt of complaints.

 

12.  The Committee was satisfied that the application was in keeping with the standards required of Private Hire Vehicle operators licensed by Middlesbrough Council.

 

13.  The Committee found that the processes within the applicant’s Standards of Service regarding vehicles and also the registers relating to bookings and dispatch, whilst different to other non-App based operators, were sufficient to control standards to at least the same level as other operators.

 

14.  Having considered all of the above, the application for a Private Hire Vehicle Operators Licence was granted.