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: 03/25, 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, and accompanied by a friend, verified his name and address and confirmed he had received a copy of the report and understood its contents.

 

The Licensing Officer presented a summary of the report outlining that the Applicant appeared before Members as a result of his licence being previously revoked.

 

The Applicant had previously held a Private Hire Vehicle Driver Licence with Wolverhampton Council from 15 September 2022 until 31 August 2023 when it was revoked with immediate effect.

 

The Licensing Officer presented the report advising the committee that the Applicant had applied to Middlesbrough Council for a Private Hire Vehicle Driver Licence on 5th September 2024.

 

Upon receipt of the application, a Middlesbrough Licensing Officer carried out a routine check on the National Register (NR3S) of revocations and refusals of hackney carriage and private hire drivers’ licences. That check revealed an entry made by Wolverhampton Council confirming an action taken to revoke a Driver Licence held by the Applicant. 

 

In view of such information being revealed, on 17th October 2024 a Licensing Officer contacted Wolverhampton Council Licensing Section requesting further information regarding the circumstances that led to their decision to revoke the Applicant’s driver licence. Along with his enquiry, the officer also requested whether Wolverhampton Council had received any complaints regarding the Applicant.

 

On 1st November 2024, the Licensing Officer received an email reply from

Wolverhampton Council Licensing Section confirming that a hearing review had taken place with Wolverhampton Council with the involvement of the Applicant’s employer.

 

The Licensing officer stated that on 18 June 2023 at approximately 3:00am a female had got into the Applicant’s taxi as a front seat passenger. The passenger stated she would pay for her journey upon arrival as she did not have her money or her phone with her. During the journey the passenger alleged the Applicant made inappropriate comments and sexually assaulted her. 

 

The Committee was also advised that the decision of Wolverhampton review panel found the application had collected the passenger without a prior booking.

 

Members were also advised the Applicant admitted to picking up the passenger without a prior booking but strongly denied the allegations of sexual assault and that he collected the passenger without prior booking, as she appeared to be in distress.

 

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

The Applicant, accompanied by his friend, spoke in support of the application and responded to questions from Members of the Committee, the Council’s legal representative and the Licensing Officer.

 

It was confirmed that there were no further questions and the Applicant, his friend, 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’s Licence Ref: 3/25 be refused.

 

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 to grant the Application for a private hire vehicle driver’s licence on the grounds that the Committee was not satisfied the Applicant was a fit and proper person to be granted the licence.  The reasons for the decision were as follows:

 

Reasons

 

5.    The Applicant held a Private Hire Vehicle Driver Licence with Wolverhampton Council from 15 September 2022 until 31 August 2023 when it was revoked with immediate effect, following an allegation of sexual assault made against him. Further, in revoking the licence, Wolverhampton Council had determined that the Applicant had been plying for hire when he had picked up the subject individual prior to the incident occurring.

 

6.    The Policy was clear that the Council’s duty was to ensure, so far as possible, its licensed drivers and private hire operators were fit and proper people to hold such a position of trust. This involved a detailed assessment of an Applicant or licensee’s character.

 

7.    The Policy further stated that criminal convictions were not the only criteria used when considering whether an individual was a fit and proper person to be licensed. Other factors, including the Applicant’s demeanour and appearance and conduct during the application process may be taken into account in determining fitness and propriety.

 

8.    The Council could consider circumstances of concern even though a conviction had not been obtained or the conduct did not amount to a criminal offence.

 

9.    The Applicant applied for a private hire driver licence with Middlesbrough Council on 5 September 2024. Whilst the Applicant had stated he had a licence revoked by Wolverhampton Council on the application, he responded ‘no’ to the question querying if he had been subject to any Police enquiries or investigations.

 

10.  Licensing Officers carried out checks on the National Register of revocations and refusals of hackney carriage and private hire drivers’ licences. This revealed the revocation from Wolverhampton Council, confirming the action to revoke the Applicant’s licence in their area.

 

11.  Licensing Officers contacted Wolverhampton Council, who in turn provided the reports from the incident and subsequent revocation. In the reports it detailed that the Applicant had been arrested for the alleged offence of ‘Sexual Assault – Intentionally Touch Female – No Penetration’.

 

12.  Cleveland Police have confirmed that no further action was taken with regards to the alleged offence, due to evidential difficulties.

 

13.  At the Committee hearing, when asked why he had failed to inform Licensing Officers of his past investigation, on his application form, the Applicant stated that because it was no further actioned, he thought it did not need to be on there.

 

14.  The Applicant was also asked why he was plying for hire, he responded that the female was upset and distressed, he stated he wanted to help her and that it was not about money.

 

15.  The Committee was not satisfied that the Applicant was a fit and proper person to be licensed as a private hire vehicle driver in Middlesbrough. The Committee, upon hearing the evidence, determined that the serious allegation made against the Applicant, along with the plying for hire and failure to disclose the Police investigation on his application form highlighted that the Applicant was not a fit and proper person.

 

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

 

17.  If the Applicant does appeal the decision and the appeal is dismissed by the Magistrates Court, the Council will claim its costs in defending its decision from the Applicant which could be in the region of £1,000.