Agenda item

The Director of Environment and Community Services submitted an exempt report in connection with the review of a Private Hire Vehicle Driver Licence, Ref: 18/24, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed.  The driver, who was in attendance at the meeting, verified his name and address and confirmed that he had received a copy of the report and understood its contents. 

 

The Principal Licensing Officer presented a summary of the report.  The driver was licensed by Middlesbrough Council in February 2024 and now appeared before Members in relation to an incident that took place on 15 February 2024 that raised concerns over his suitability to hold a licence with Middlesbrough Council.

 

It was highlighted that the incident had occurred quite some time ago and had been delayed in coming before Committee due to a delay in Officers obtaining CCTV footage from Stockton Council as a result of technical issues.  In addition, the driver had been out of the country for several months.

 

Licensing Officers received CCTV footage from Stockton Council on 11 June 2024, showing an incident involving a Middlesbrough licensed Private Hire Vehicle.  The footage, dated 15 February 2024, occurred in an area of Stockton with high levels of prostitution and was regularly monitored by Officers from Stockton Council CCTV.  The report contained a link to a recent local newspaper article where concerns had been raised by local residents and Ward Councillors in relation to the issues with prostitution in the area.

 

The CCTV footage was played to the Committee and showed, on 15 February 2024, a lone female loitering in the area, subsequently getting into a vehicle that stopped a few minutes later after a brief conversation through the front passenger window.  The CCTV operative followed the vehicle as it drove away and located it shortly afterwards when it had parked up in a car park outside a medical centre.  The occupants were then seen to leave the vehicle and walk a short distance and enter an electrical sub station nearby, emerging shortly afterwards.  Upon exiting the sub station, the female walks away in one direction and the driver returned to his vehicle and drove away.

 

The driver was interviewed by a Licensing Enforcement Officer on 20 June 2024, over the telephone as he was out of the country at the time and would not be returning until late September.  The driver confirmed that he had was the driver of the vehicle and had paid the female for sex after he had finished work.  He provided his version of events and stated that this was a one-off incident and apologised for his actions.

 

Appendices 1, 2 and 3 to the report provided details of the location of the incident.

 

The Council’s legal representative referred to the paragraph within the report “This incident does constitute a criminal offence and is Contrary to Section 51(a) of the Sexual Offences Act 2003, “It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.” And wished to clarify that the offence was on the part of sex worker, as in soliciting, rather than on the part of the individual paying for their services (the driver in this case).

 

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

 

The driver spoke in support of his case and responded to questions from Members of the Committee and the Council’s legal representative.

 

It was confirmed that there were no further questions and the driver and Officers of the Council, other than representatives of the Council’s Legal and Democratic Services teams, 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 Private Hire Vehicle Driver Licence, Ref No: 18/24, be revoked, with immediate effect, as follows:-

 

Authority to Act

 

1.    Under Section 61 (1) (b) of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may decide to suspend or revoke the licence of a Private Hire Vehicle on grounds they considered to be reasonable cause.

 

2.    The Committee considered Section 61 and 57 of the Act, the Middlesbrough Council Private Hire and Hackney Carriage Policy 2022 (“the Policy”), the report and representations made by the driver.

 

3.    The review was considered on its own particular facts and on its merits.

 

Decision

 

4.    After carefully considering all the information, the Licensing Committee decided to revoke the Private Hire Vehicle driver’s licence, with immediate effect, on the grounds of the following:-

 

              I.        The driver acted in breach of Middlesbrough Council’s Taxi Licence Policy.

            II.        The driver’s actions raised serious safeguarding concerns.

 

Reasons

 

5.    The driver was shown on CCTV to be collecting a sex worker, in an area known for prostitution, on 15 February 2024.  The footage showed the driver collecting a young female in his taxi and driving to a nearby industrial state.  The driver admitted that he paid the sex worker £50.00 in cash and engaged in sexual activities with her on the same date.

 

6.    As confirmed in the Taxi Licence Policy under Appendix G (e);

 

“As licensed drivers often carry unaccompanied and vulnerable passengers, the Council will take a strong line in relation to applicants or Licensees involved in exploitation, illegal sexual activity or indecency.

 

If an Applicant or Licensee has been convicted of a crime involving, relating to, or has any connection with abuse, exploitation, use or treatment of another individual irrespective whether the victims are adults or children, they will not be licensed. This includes but is not limited to slavery, child sexual exploitation, grooming, psychological, emotional or financial abuse, but this is not an exhaustive list.

 

If an Applicant or Licensee has been convicted of an offence or has any connection with an offence involving or connected with illegal sexual activity or a form of indecency they will not be licensed.”

 

7.    The Committee considered the driver to be in breach of the Taxi Licence Policy insofar as the driver exploited the sex worker and was connected with illegal sexual activity (namely kerb-crawling under section 51a of the Sexual Offences Act 2003 and Loitering or Soliciting for purposes of prostitution under Section 1 of Street Offences Act 1959).

 

8.    Further concern by the Committee was raised insofar the driver had compromised his safeguarding duties by engaging in this activity.  Whilst it was not a matter of fact that the sex worker was vulnerable, the circumstances surrounding the case were an indication that she was, on the balance of probabilities, vulnerable.  Nevertheless, the duties regarding safeguarding for a licensed private hire holder are so high that the Committee considered the act itself to have compromised that duty.

 

9.    It was therefore considered whether the driver could be considered a ‘fit and proper’ person. Whilst no criminal conviction or charges had been, or were brought against the driver for their conduct, the act itself was considered so serious that it was the Committee’s decision to revoke the licence of the driver with immediate effect.

 

10.  If the driver was aggrieved by the decision, he 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 was the Teesside Justice Centre, Teesside Magistrates, Victoria Square, Middlesbrough.

 

11.  If the driver does appeal the decision and the appeal was dismissed by the Magistrates Court, the Council would claim its costs in defending its decision from the driver which could be in the region of £1,000.