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: 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

 

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.

 

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 grant the Private Hire vehicle driver’s licence with a caution.

 

Reasons

 

5.    The Applicant admitted to two convictions. These can be summarized as driving under the influence of alcohol and causing criminal damage to another’s property.

 

6.    The Applicant had his licence revoked for 12 months and received a police caution for said convictions.

 

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

 

8.    Members were given the following explanation by the Applicant;

 

a)    The Applicant showed genuine remorse and regret for his actions and advised the Committee of his surroundings at that time of both incidents.

 

                              i.        He stated with respect to the driving conviction, he was unaware that he would still have that much alcohol in his system even after sleeping when returning home.

 

                             ii.        He also stated due to the bereavement of his father and child, he felt antagonized which resulted in the criminal damage.

 

b)    The Applicant had abstained from any other serious convictions since 2018.

 

c)    The Applicant now had a family and more responsibilities.

 

d)    The Applicant appeared to be a fit and proper person.

 

9.    The Committee considered it appropriate in the above circumstances grant the private hire vehicle driver licence with a caution.

 

10.  A decision was also made by the Committee to ensure the Applicant was aware that any future conduct which may bring into question the ‘fit and proper’ character of the Applicant should be taken into serious consideration by the Applicant.