Minutes:
The Director of Environment and Community Services submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 18/25, 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 Officer presented a summary of the report outlining that the Applicant appeared before Members due to the conviction listed at 1) in the report.
On 21 October 2024, the Applicant applied for the grant of a new Private Hire Driver Licence. However, the Applicant declared no previous convictions recorded against him during the application process. The Applicant’s DBS Disclosure Certificate of 23 November 2024 showed no convictions recorded against him. However, the disclosure did contain additional information relating to a road traffic accident in which the Applicant had allegedly struck a female pedestrian and her buggy as they crossed the road on a pedestrian crossing on the 5 December 2023.
On 10 June 2025 the Applicant was interviewed by a licensing enforcement officer to explain the circumstances around the incident. During the interview the Applicant described how on 3 December 2023 they had approached a roundabout with the intention of turning right. After exiting the roundabout, the Applicant had become blinded by the sun which was low in the sky. Consequently, the Applicant’s vehicle struck the female pedestrian, causing a fractured elbow to the female and a bump to the head for the child.
An investigation took place following the incident following which the matter was considered in the Magistrates court. On legal advice the Applicant pleaded guilty to careless driving rather than dangerous driving. When the matter was referred to the Sheriff’s Court the Applicant pleaded guilty and was fined £400 and received seven penalty points.
The committee were also advised of the Council’s policy and procedure on convictions, cautions, reprimands, warnings complaints and character.
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 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 the application for a Private Hire Vehicle Driver Licence Ref: 18/25 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 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 license 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 are as follows:
Reasons
5. The Applicant was convicted on 20 March 2025 of driving without due care and attention or without reasonable consideration for road users (“careless driving”). The Applicant was subsequently fined £400.00, and 7 penalty points were endorsed on his driving licence.
6. The policy on convictions were set out at Appendix G, Policy on the Relevance of Convictions, Cautions, Reprimands, Warnings, Complaints and Character.
7. The Policy referenced minor traffic offences and went on to state that if an Applicant had between 7 and 9 live points on their licence for such offences, they must show a period of three years free from conviction before an application will be considered. As aforementioned, the Applicant had 7 points on his licence and therefore the relevant period was until 20 March 2028.
8. On 21 October 2024, the Applicant applied for the grant of a new Private Hire Driver Licence. Whilst the Applicant provided a DBS certificate with no convictions recorded against him, under the ‘other relevant information disclosed at the Chief Officers discretion’ section of the DBS certificate, there was an entry.
9. It was alleged that on 05 December 2023 in Glasgow, whilst driving a taxi, the Applicant struck an adult female and her son’s buggy as they crossed a pedestrian crossing. The female sustained a fractured elbow and her son sustained a bump to the head. The Applicant was reported to the Fiscal for Section 2C of the Road Traffic Act 1988. The Procurator subsequently amended the charge to Section 1A of the Road Traffic Act 1988.
10. On 12 May 2025, Licensing Officers carried out a routine check of the Applicant’s DVLA driving licence, with the check showing the Applicant’s conviction for careless driving.
11. On 10 June 2025, the Applicant attended an interview with Licensing Officers to explain the circumstances of the offence. The Applicant stated that whilst he was working as a private hire driver in Glasgow in December 2023, he was blinded by the sun when exiting a roundabout. The Applicant stated he drove across a pedestrian crossing, didn’t see the pedestrians and subsequently hit the female and the pushchair.
12. Licensing Officers were informed that the Applicant’s speed at the time the accident occurred was between 23 and 24mph. it was further noted that the Applicant’s passenger had provided a statement to the Police to state that they too, had not seen the female and child due to the sun.
13. The Applicant further explained that, on the advice of his Solicitor, he pleaded not guilty to the original charge of dangerous driving, but guilty to the lesser charge of careless driving.
14. At the committee hearing, the Applicant provided details around his personal circumstances. The Applicant explained that he had a child with cerebral palsy and that he was attempting to obtain a licence to support his family and pay for credit card and visa bills. He detailed that he was completely taken by surprise as to how low the sun was and that he had no time to react. The Applicant stated he was extremely sorry for the injury caused to the female and her child, and that the collision was a complete accident.
15. When asked whether Glasgow City Council had taken any action against him, the Applicant stated that he informed the Authority but that no decision was taken before the outcome. In any event, the Applicant stated that his licence expired before the outcome of his criminal case.
16. The Committee considered the information they’d heard and determined that the offence was of a serious nature. The Committee determined that as a professional driver, the Applicant should have taken all necessary precautions and that it was conceivable that the low sun could have been anticipated.
17. The Committee considered whether the driver should have been driving slower, pulled over to a safe place or even had a pair of sunglasses on.
18. The Committee also considered the offence itself and were informed of the sentencing guidelines for the same. It was noted that this must have been seen by the Court as a category 1 offence of greater harm and culpability, due to the sentence he received. The sentence was towards the upper end of the scale.
19. The Committee considered it extremely serious that a prospected driver had caused a fractured elbow to a pedestrian due to careless driving, especially whilst working and carrying a passenger in his vehicle. The Committee agreed that the expected standard of driving is even greater for a professional and that the Applicant had failed to meet this standard during the incident.
20. The Applicant had 7 points endorsed on his licence for the CD30 offence, and therefore in accordance with the Policy, must show a period of three years free from conviction before his application would be considered.
21. Therefore, the Committee decided there were no good or exceptional reasons to depart from the Policy. The Committee, for the reasons given 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.
22. 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 Teesside Justice Centre, Teesside Magistrates Court, Victoria Square, Middlesbrough, TS1 2AS.
23. 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 £1000.
Supporting documents: