Minutes:
The
Chair introduced those present and outlined the procedure to be followed. The applicant, who was in
attendance at the meeting accompanied by his legal representative,
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. It was acknowledged that the matter had been
scheduled for consideration at the Licensing Committee on 23 June 2025,
however, Members agreed to defer consideration to today’s meeting due to the
unavailability of the applicant’s legal representative.
The
Committee was advised that the applicant was first licensed by Middlesbrough
Council on 1 June 2023. The applicant’s
licence was due to expire on 31 May 2025 and he submitted an
application to renew the licence on 28 May 2025.
The
applicant appeared before Members due to the offence listed at 1) in the
report. It was noted that the applicant
had notified the Licensing Office, by email, on 27 May 2025, of the offence,
together with his change of address.
As
previously stated, the applicant had submitted an application
to renew his licence on 28 May, the day after notifying the Licensing Office of
the offence at 1), however, he failed to declare this on his application form.
On
30 May 2025, during a routine check on the applicant’s DVLA licence status, it
showed the offence of using a vehicle uninsured against third party risks dated
26 March 2025, for which the applicant received six penalty points and £300
fine. Officers also discovered that the
applicant’s DVLA licence was valid from 28 March 2025.
The
applicant was interviewed by Licensing Officers on 2 June 2025 when he provided
an explanation in relation to the offence at 1). When questioned regarding the issue date of
his DVLA licence, the applicant explained that he had notified the DVLA
regarding his change of address and was accordingly issued with a new licence.
The
circumstances of the offence were set out in the report which included the
applicant obtaining temporary insurance cover for the vehicle in question, at
the roadside, when he had been stopped by the Police. A copy of the temporary insurance
documentation was appended to the report.
In addition, a copy of the ‘Conditional Offer of a Fixed Penalty’ issued
by Cleveland Police in relation to the offence was attached at Appendix 1.
The
Principal Licensing Officer highlighted that one of the conditions of a Private
Hire driver’s licence was to notify the Council, in writing, within 48 hours of
any cautions or convictions for any motoring or criminal offence. Whilst the applicant had notified the
Licensing Office on 27 May 2025 of the offence at 1), the offence occurred on
26 March 2025.
A
further condition on the licence was to notify the Council, in writing, within
seven days of any change of name or home address. Again, the applicant had failed to comply
having changed address in October 2024 but not notifying the Licensing Office
until 27 May 2025.
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’s representative presented the case in support of the application
and, together with the applicant, 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, his
representative, 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 Licence, Ref No: 25/25, 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:-
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, and on behalf of, the driver.
3.
The
review of the licence application for renewal 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. It
was also clear that drivers must notify the Council, in writing, within seven
days if they changed their home address or name.
9. The
Policy further stated that if an applicant for a drivers licence 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 appeared before the Committee as a result of
a conviction for an IN10 offence of using a vehicle uninsured against third
party risks. The applicant was convicted
on 26 March 2025 and received a £300 fine as well as six penalty points
endorsed on his driving licence.
11. The
applicant was first licensed as a Private Hire Vehicle driver on 1 June 2023,
with such licence expiring on 31 May 2025.
12. On
27 May 2025, the applicant emailed the Council’s Licensing Department to inform
them that he had received six points on his licence for the aforementioned
offence. The applicant further
informed of a change of home address.
13. On
28 May 2025, the applicant submitted a renewal application for his Private Hire
Vehicle driver’s licence. In the
application form, the applicant answered ‘no’ to having any cautions, criminal
convictions or being aware of any enquiries or investigations by the Police or
Local Authority.
14. Regarding
the offence, the applicant informed Licensing Officers during interview that he
was travelling in his mother’s car as his was under repair in the garage. The car the applicant was travelling in had a
headlight not working which gave the Police cause to stop him. The applicant believed he was covered to
drive his mother’s car as he was insured fully comprehensive on his own car
insurance.
15. The
applicant explained that once the Police Officer had conducted checks on his
insurance, it was determined that he was not insured on his mother’s vehicle
and required a separate policy. The
applicant immediately called his insurance company and obtained a temporary
insurance document. The applicant was
informed that he would be receiving a fine and either three or six points on
his licence.
16. When
questioned why he had answered ‘no’ to any convictions, cautions or
investigations on the application form, the applicant stated that he was
confused and thought the question was regarding any criminal convictions.
17. Further,
in interview, the applicant stated that he had moved address in October
2024. The applicant admitted that it was
an oversight on his part that he had not notified the Licensing Department. He stated he only realised when he had
accessed his taxi online account and upon receipt of the Police letter.
18. At
the Committee hearing, the applicant, through his representative, submitted
that he was picking up his younger sister and that he had permission to use his
mother’s vehicle. It was further
explained that both the applicant and his mother believed he was covered
through his own insurance. The Committee
was referred to the appendices of the report, specifically the insurance
documents. The insurance policy document
showed that the cover was obtained less than 30 minutes after the offence, and
that as soon as the applicant had become aware he rectified the issue,
emphasising it was unintentional and a genuine error.
19. The Committee also heard that the applicant
had not purposely delayed informing the Licensing department of the
offence. It was explained that he was
stopped on 26 March 2025, received the fixed penalty notice documents on 7
April 2025, paid the fine on 6 May 2025, the payment was processed on 15 May
2025 and finally that he was notified on 27 May 2025 that it was
finalised. The Committee heard that the
applicant did not know when the 48 hour notification
period would commence, and that he believed that he had notified the Licensing
department promptly upon the confirmation being received on 27 May 2025.
20. The
Committee noted that the applicant had an endorsement for a major traffic
offence, and that in accordance with the Policy an application would normally
be refused for a period of five years.
21. The
Committee further considered the applicant’s failure to notify the Licensing
Department promptly and determined that the applicant had multiple
opportunities from the date of the offence, being 26 March 2025 onwards, to do
so. The Committee believed that the
applicant could have notified the Licensing Department when he received the
offer on 7 April 2025 or at the very least when he had made payment on 6 May
2025.
22. The
Committee also concluded that it was unacceptable that it had taken the
applicant around seven months to notify the Licensing Department of a change of
address. The Policy was clear, any
change in address should be relayed to within seven days.
23. For
the reasons outlined above, the Committee concluded that the applicant was not
a fit and proper person, or safe and suitable, to be licensed as a Private Hire
Vehicle driver in Middlesbrough.
24. The
Committee, based on the evidence it was presented with, 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.
25. 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 is the Teesside Justice Centre, Teesside Magistrates, Victoria Square, Middlesbrough.
26. If the applicant does 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.