Agenda item

The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 19/24, 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 was in attendance at the meeting, verified his name and address and confirmed he had received a copy of the report and understood its contents. 

 

The Principal Licensing Officer presented a summary of the report outlining that the applicant had previously been licensed with Middlesbrough Council from November 2015 until January 2022 when his licence was revoked by the Licensing Committee on 20 December 2021.

 

Several appendices were attached to the report, as follows:-

·         Appendix 1 - Committee report from 20 December 2021 in relation to the driver’s review of his licence at that time. 

·         Appendix 2 - Decision letter following that meeting, dated 6 January 2022.

·         Appendix 3 - Three interview records – one relating to the driver’s arrest for drugs by Cleveland Police, dated 21 July 2020.

·         Appendix 4 – Interview record relating to an incident captured on CCTV in Stockton appearing to show the driver purchasing drugs.

·         Appendix 5 – Interview record relating to the driver illegally plying for hire.

 

The applicant was interviewed by a Licensing Enforcement Officer on 26 September 2024 and was shown the above documents during the interview.  The applicant confirmed that the interview records shown to him were a true account of what he had said at that time.

 

The applicant confirmed that the report was an accurate reflection of the facts and was invited to address the Committee in support of his application.

 

The applicant spoke in support of his application 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 applicant 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 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 Driver Licence, Ref No: 19/24, be granted, 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 it was satisfied the applicant was 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 grant the Private Hire Vehicle driver’s licence with conditions. Those condition(s) were that:

 

              I.        The applicant must undertake additional drug tests, no less than five working days from the request of the Licensing Officer, at his own expense, in the form of a urine or hair sample.

 

Reasons

 

5.    The applicant had no previous convictions, however, he previously had his licence revoked due to concerns regarding drug dealing and possession of drugs.

6.    The applicant’s home was searched by the Police following an arrest for supply of drugs whereby the Police discovered the applicant to be in possession of a small amount of cannabis, the value of which was said to be £2.00.  The applicant stated that the cannabis did not belong to him and that his friend had left it at his home.  The applicant also stated he was not obstructive of the Police when they wanted to search his home.

7.    The applicant stated, in retrospect, he should have thrown it away instead of holding on to it for his friend.  The applicant was given the opportunity to take part in a “Divert Scheme” which allowed him to address the issues and speak to someone on a weekly basis.

8.    The applicant stated he was a grandfather and wanted to be an example for his grandchildren.  He stated he had more responsibilities now and had cut off from people who had any association with drugs.

9.    The Committee noted that the applicant had been open and transparent in undergoing drug tests and passed previous tests.

10.  A decision was also made by the Committee to ensure the applicant was appropriately and randomly drug tested throughout his time operating under the private hire licence.