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: 09/25, 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, verified his name and address and confirmed he had received a copy of the report and understood its contents. 

 

The Licensing Manager presented a summary of the report stating that the driver appeared before Members due to the convictions listed at 1) and 2) in the submitted report.

 

The applicant was first licensed with Middlesbrough Council in March 2024, with his licence expiring on 28 February 2025.

 

Records showed that the driver was issued with an advisory letter on 12 June 2024 following a report that he had been observed parked in his private hire vehicle on a designated taxi rank.

 

On 9 December 2024, the driver contacted the Licensing Office by telephone to report that he had received three penalty points on his DVLA licence for a speeding offence.  The Licensing Officer requested that the driver report the matter, in writing, as required by condition of his private hire driver licence.  The driver emailed later the same day attaching a DVLA check, dated 9 December 2024, relating to the status of his driving licence which showed an IN10 offence, dated 16 February 2024, (using a vehicle uninsured against third party risks) recorded against him.  At that time the DVLA check showed no record of the speeding offence that the driver referred to in his earlier telephone conversation with the officer.  A subsequent check of the driver’s file showed no record of him previously notifying officers of his IN10 motoring offence within 48 hours as required by condition of his private hire driver licence.

 

In addition, the applicant had answered ‘No’ to the question contained within the application form regarding cautions and convictions.

 

On 19 February 2025, a Licensing Officer carried out a DVLA check on the status of his driving licence.  On this occasion the DVLA check revealed both the IN10 offence and the SP30 offence recorded against him, with a total of 9 penalty points shown on his driving licence record.

 

On 26 February 2025, the applicant was interviewed by a Licensing Enforcement Officer and provided his explanation in relation to the offences at 1) and 2) and why he had failed to inform licensing officers of such matters within the required timescale, and for making a false declaration in his renewal application.

 

The applicant confirmed the content of the report as being an accurate representation of the facts and was invited to address the Committee in support of his application.

 

The applicant was invited to address the Committee 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 to renew Private Hire Vehicle Driver’s Licence, Ref No: 09/25, be refused, as follows:-

 

Authority to Act

 

1.     Under Section 61 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may revoke or suspend or refuse to renew a Private Hire/Hackney Carriage Vehicle driver’s licence on the grounds that:

 

-          Since the grant of the licence the driver had been convicted of an offence involving dishonesty, indecency or violence;

-          Since the grant of the licence the driver had committed an offence or breached the Act or the Town Police Clauses Act 1847;

-          For any other reasonable cause. 

 

2.     The Committee considered Section 61 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 review of the licence 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 renew 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 Policy confirmed that the Council’s licensed drivers should be safe drivers with good driving records and adequate experience, sober, mentally and physically fit, be honest and not persons who would take advantage of their employment to abuse or assault passengers.

 

6.     The Policy on Convictions was set out at Appendix G, Policy on the Relevance of Convictions, Cautions, Reprimands, Warnings, Complaints and Character.

 

7.     If a driver was cautioned for, or convicted of, any motoring or criminal offence or made subject to a CRASBO, ASBO or Injunction or arrested or charged with any motoring or criminal offence they must notify the Council, in writing, within 48 hours.

 

8.     The Policy stated that applicants with multiple motoring convictions may indicate that an applicant did not exhibit the behaviours of a safe road user and one that was suitable to drive professionally.

 

9.     The Policy further stated that if an applicant had an endorsement in respect of a major traffic offence, including using a vehicle uninsured against third party risks, then the application would normally be refused until at least five years after the most recent conviction, caution, reprimand, final warning or if the person was disqualified, after the restoration of their driving licence, whichever was the later.

 

10.  The applicant was first licensed as a Private Hire driver on 27 March 2024, with such licence expiring on 28 February 2025.

 

11.  The applicant was convicted of two offences as follows:

 

a)     IN10 – Using a vehicle uninsured against third party risks – 16 February 2024 - £160 Fine + 6 Penalty Points.

b)     SP30 – Exceeding statutory speed limit on a public road.- 17 September 2024 - £100 Fine + 3 Penalty Points.

 

12.  On 9 December 2024, the applicant notified Licensing Officers via telephone that he had received 3 points on his licence for a speeding offence.  Licensing Officers advised the applicant to notify the same in writing.

 

13.  The same day, the applicant emailed a copy of a DVLA check and informed the Licensing Officers that ‘the points had not been updated yet’.  However, on the DVLA check it was noted that the applicant had received 6 points endorsed on his licence for driving a vehicle uninsured against third party risks (IN10).  There was no record of the applicant notifying Officers of the IN10 motoring offence and the 6 points received.

 

14.  On 8 February 2025, the applicant applied to renew his existing licence. On the application form the applicant stated ‘no’ when questioned if he had any cautions or criminal convictions, including motoring offences.

 

15.  With regard to the first offence, the applicant explained in interview that he had bought vehicle for £1,700, however, he had not realised that the insurance would be as expensive as the vehicle. He was informed by the insurers that he could not pay in instalments, therefore, he was unable to insure the vehicle as he was unemployed at the time.

 

16.  The applicant stated that, on the day of the incident, his wife had called him and asked him to pick her up as she had no money to pay for the bus fare home after work.  The applicant conceded that he made a ‘daft decision’ to take the car, knowing it was uninsured, to pick his wife up.  The applicant was stopped by the Police, charged and at a later date convicted of the offence.

 

17.  The applicant explained in interview that he could not recall much of the second offence, however, he stated that the information on the speeding ticket was that he was travelling 45/46mph in a 40mph zone.  The applicant could not recall if he had a passenger in the vehicle or whether he was in between jobs.

 

18.  At the Committee hearing, the applicant explained that it was a genuine mistake that he had ticked no to the question regarding convictions on the application form.

 

19.  The applicant further stated at the Committee hearing that he believed the Council was aware of the 6 points on his licence for the first offence.

 

20.  The Committee took the view that the applicant had not complied with the licence conditions when he had failed to notify the Council of the offences within 48 hours.

 

21.  Furthermore, the Policy was clear in respect of major traffic offences. The Committee considered that the applicant’s multiple driving offences showed he was not a not a fit and proper person or safe and suitable to be licensed as a private hire vehicle driver in Middlesbrough.

 

22.  Based on the evidence presented, the Committee decided there were no compelling, clear, good or exceptional reasons to depart from the Policy and refused to renew the licence for the reasons set out above.

 

23.  If the applicant 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 local magistrates for the area was the Teesside Justice Centre, Teesside Magistrates, Victoria Square, Middlesbrough.

 

24.  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 £1,000.