Agenda item

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Private Hire/Hackney Carriage Driver Licence from 23rd September 2019 until 8th August 2023 when her Combined Licence was revoked following information received from Cleveland Police under the Common Law Police Disclosure process.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 Consequently, the Applicant’s licence was revoked with immediate effect on 8 August 2023.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 South, the passenger was talking to a male who was in the street, who got into the vehicle. At this point the Applicant wanted to turn around as Park Road South is a dead end and as she was turning around noticed an unmarked Police vehicle behind her. She stated that she still had things on her mind and became aware that the second passenger, who had just got into her vehicle, had gotten out. She then stated the Police Officers from the vehicle behind intervened and they were arrested after the passenger she had given a lift to was found to be in possession of drugs and that two large knives were recovered from behind the driver’s seat in a black bag.

 

The driver addressed the Committee and responded to questions from Members, the Council’s Legal Representative and Licensing Manager.

 

It was confirmed 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 Application for a Private Hire vehicle driver’s licence, Ref:-12/24, be refused as follows:

 

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.

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 to refuse the Application for a Private Hire vehicle driver’s licence on the grounds that it was not satisfied the Applicant was a fit and proper person to be granted such a licence.

 

Reasons

 

5.    The Committee had considered a report concerning the application on the 22 July 2024. At this hearing the Applicant introduced two documents concerning a relationship she claimed to have had with Cleveland Police. The matter was adjourned in order to obtain more information from the police as to whether the said documents were authentic and relevant for the Committee to conisder.

6.    The legal advisor on the 22 July 2024, Mr Rice, requested further information from Cleveland Police obtained a response which was given to the Applicant. In summary, Cleveland Police could “not confirm nor deny” any of the information provided to and from Cleveland police regarding this relationship.

7.    The Applicant had advised that the documents produced did not have the desired effect. The Applicant stated it may have diverted the attention of the Committee more than what was intended. The Committee could only consider the evidence before them.

8.    The Committee had questioned the Applicant regarding the incident which occurred on the 05 August 2023 involving a 16-year-old child.

9.    The Applicant stated that the child was first known to her when they collected him and two other individuals who were known to the police. Thereafter they exchanged numbers with the child. The Applicant stated on the 05 August 2023, she was contacted by the child to collect food and she did this without expectation of any payment. The Applicant also stated that she was stopped by the police in an area which was a ‘dead end’ on Park Road South, a remote location which did not lead to the intended food outlet. Further to this, the Applicant was found to have £150.00 cash in her possession which she failed to disclose to the police until the search. The Applicant stated at the hearing she did in fact disclose this, however this is contrary to the police report which stated the money was discovered after a search was conducted.

10.  In respect of the evidence before members, the Committee considered all previous convictions, character and actions of the Applicant. The Committee considered the incidents and decisions made by the Applicant in assessing whether or not the Applicant was a fit and proper person to undertake a taxi licence.

11.  The Committee considered there to be concerns surrounding the conduct of the Applicant in the incident on the 05 August 2023 and the decisions made by the Applicant did not align with that of a person the Committee would consider to be ‘fit and proper’. 

12.  Therefore, the Committee did not consider the Applicant a ‘fit and proper person’ under S51 of the Local Government (Miscellaneous Provisions) Act 1976.

13.  If the Applicant was aggrieved by the decision, they may appeal to a Magistrates Court within 21 days from the date of the notice of the decision. The address for the local magistrates for the area is the Teesside Justice Centre, Teesside Magistrates, Victoria Square, Middlesbrough.

14.  If the Applicant did appeal the decision and the appeal was dismissed by the Magistrates Court, the Council would claim its costs in defending its decision from the Applicant which could be in the region of £1000.