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: 14/25, 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 outlining that the applicant appeared before Members due to the conviction listed at 1) in the report.

 

It was highlighted that the applicant was previously licensed with Middlesbrough Council from October 2018 until March 2023 when his Combined Hackney Carriage and Private Hire Vehicle driver licence was revoked by Officers, with immediate effect, due to the offence at 1).  This followed information received from Cleveland Police that, on 8 February and 10 February 2023, the applicant had been arrested for “Drive a motor vehicle with the proportion of specified controlled drug above specified limit.”  A copy of the revocation letter sent by the Licensing Manager was attached at Appendix 1.

 

The applicant was interviewed by a Licensing Officer on 15 November 2024 when he provided explanations in relation to the circumstances surrounding his arrest on 10 February 2023 and confirmed that there were no outstanding matters of which the Council was unaware.  The applicant was also informed during interview that, in accordance with the Council’s Policy Guidance on convictions, he was still within the conviction period as the Policy stated that applicants with drug-driving related offences should be required to show a conviction-free period of seven years from the completion of any sentence.

 

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 case.

 

The applicant presented his case 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: 14/25, be refused, 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 if it was satisfied the driver 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 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 was convicted, on 15 August 2023, of driving a motor vehicle with the proportion of specified controlled drug above the specified limit.  The applicant was disqualified for driving for 12 months, received a fine of £192.00, a victim surcharge of £77.00 and £85.00 legal costs for the offence.

 

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

 

7.     The Policy was clear, it stated that an applicant with a conviction, caution, reprimand or final warning issued by the Police for a drug-driving related offence should be required to show a period of seven years free of conviction since the completion of any sentence or driving ban imposed before any application was considered.

 

8.     The applicant confirmed during the Committee hearing that his driving ban ended on 15 August 2024, thus in accordance with the Policy, his relevant period to remain conviction free will end in August 2031.

 

9.     The Committee heard that the applicant held a Combined Hackney Carriage and Private Hire Vehicle Driver Licence from 31 October 2018 to 3 March 2023, when it was revoked with immediate effect due to the alleged offence leading to the applicant’s conviction.  This followed information from Cleveland Police that the applicant had been arrested for alleged drug driving offences.

 

10.  The applicant met with a Licensing Officer on 15 November 2024 to discuss the feasibility of reapplying for a Private Hire licence.  He was notified by the Officer on this occasion that he was within the conviction period, as outlined in the Policy in relation to previous convictions.  In any event, an application was made.

 

11.  The Committee heard that the applicant was stopped by Cleveland Police Officers on two occasions - on 7 and 10 of February.

 

12.  On the first occasion, the applicant returned a positive drug test during a roadside swab, further during a search of the vehicle, Police Officers found a sports bag containing drug paraphernalia. The applicant was taken to Middlesbrough Police Station where he underwent a blood test, this revealed a THC reading of 2.9 ug/L.  The applicant was charged and sentenced as aforementioned for this offence.

 

13.  On the second occasion, the applicant was stopped again by the same Police Officer.  A further roadside drug test was taken, and a positive result was returned.  The applicant received no further action for this.

 

14.  The Committee heard from the applicant that he never intentionally meant to break the law and that, at a social gathering, he had some of his friend’s vape, which unbeknown to him contained THC.  The applicant explained he deeply regretted the situation and that he had learnt his lesson following the incident.

 

15.  With regards to the sports bag containing drug paraphernalia, the applicant stated that it was not his bag and that it belonged to a friend who must have left it in his car prior to the social gathering.

 

16.  Based on the evidence presented, the Committee found that the applicant was not a fit and proper person to hold a private hire licence in Middlesbrough.  The Committee determined that the applicant failed to take responsibility for the incidents and the situation he found himself in.  The Committee found it difficult to accept the applicant’s version of events given the applicant was arrested for a drug driving offence and drug paraphernalia was found in his car.

 

17.  The Policy was clear and when reading it in line with the facts of the application, it was clear that the applicant was not seven years conviction-free.

 

18.  The decision to refuse to grant the licence was in accordance with the Policy and the Committee considered there were no good or exceptional reasons to depart from it.  The Committee, for the reasons above, could not be satisfied the applicant was a fit and proper person or safe and suitable to be licenced as a private hire vehicle driver in Middlesbrough.

 

19.  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 Teesside Justice Centre, Teesside Magistrates Court, Victoria Square, Middlesbrough, TS1 2AS.

 

20.  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.

 

** DECLARATIONS OF INTEREST

 

At this point in the meeting, Councillor Livingstone declared a non-pecuniary interest in relation to the following item as he knew the individual who had provided a character reference for the applicant.  Councillor Livingstone withdrew from the meeting.

 

Councillor Romaine declared a non-pecuniary interest in relation to the following item as the applicant was known to a member of the Councillor’s family.  Councillor Romaine withdrew from the meeting.