Agenda item

The Director of Environment and Community Services submitted an exempt report in connection with the review of Private Hire Vehicle Driver Licence, Ref: 32/25, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed.  The driver, who was in attendance at the meeting, accompanied by his cousin, verified his name and address and confirmed he had received a copy of the report and understood its contents. 

 

The Principal Public Protection Officer (Licensing) presented a summary of the report outlining the driver’s licensing history.  The driver was first licensed with Middlesbrough Council in November 2014 and appeared before Members due to the conviction detailed at 1) in the submitted report.

 

The driver was interviewed by a Licensing Officer on 8 September 2025 when he confirmed that there were no other outstanding matters of which the Council was unaware and provided an explanation in relation to the offence at 1).

 

The driver had explained that the offence occurred whilst he was using his personal vehicle working as a delivery driver for a food delivery firm and not whilst working as a taxi driver.  He was stopped by the Police and issued with a £200 fixed penalty notice and six penalty point on his DVLA licence.  The driver confirmed that he had paid the fine.

 

It was highlighted that the driver had failed to report the matter to the Licensing Office, as required by condition on this licence.  During interview the driver was reminded of this requirement and advised that it had been covered as part of his training, to which the driver had responded that his training had taken place a long time ago.

 

The driver confirmed the content of the report as being an accurate representation of the facts.

 

In response to a query raised by a Member, the Licensing Manager confirmed that date of the driver’s conviction was 9 July 2022 and not 2025 as stated in the report.  It was also confirmed that the penalty points on the driver’s licence had come off in July 2025 as they remained on the DVLA licence for a period of three years.

 

In response to a further query by a Member of the Committee, it was confirmed that currently no refresher training was provided to drivers.  Members requested further discussion around this issue at the end of the meeting.

 

The driver was invited to address the Committee in support of his case.

 

The driver’s cousin spoke on behalf of the driver, and they responded to questions from Members of the Committee, the Licensing Officers and the Council’s Legal Representative.

 

It was confirmed that there were no further questions and the driver, his cousin, 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 Private Hire Vehicle Driver Licence, Ref No: 32/25, be revoked, 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 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 driver.

 

3.     The review of the licence was considered on its own particular facts and on its merits.

 

Decision

 

4.     After carefully considering all the information, the Licensing Committee decided to revoke the Private Hire Vehicle Driver Licence on the grounds of any other reasonable cause.

 

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.     For the purpose of the guidelines, simple cautions, fixed penalties and community resolutions shall be treated as though they were convictions, and they shall be disclosed to the Council accordingly.

 

8.     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

 

9.     The Policy was clear, stating that a serious view would be taken regarding convictions for driving whilst using a mobile phone or hand-held device.   A driver’s licence would not be granted until at least five years had elapsed since the conviction or completion of any sentence or driving ban imposed, whichever was the later.

 

10. The applicant had been licensed as a private hire driver with Middlesbrough    Council since 11 November 2014, with such licence expiring on 31 October 2025.

 

11. On 9 July 2022, the applicant was convicted of a CU80 Offence, specifically breach of requirements to control a vehicle whilst using a mobile phone and sentenced to £200 fine as well as 6 penalty points.  Whilst the licensing report stated the date of conviction as 9 July 2025, this was a typographical error and should have stated 2022.

 

12. The driver failed to notify the Licensing Department of the Council within 48 hours, contrary to the requirement to do so, as detailed in the Policy. During a routine DVLA driver licence enquiry conducted on 24 June 2025, Officers became aware of the conviction.

 

13. The driver was interviewed on 8 September 2025 by a Licensing Officer.  Full details of the interview were contained in the licensing report.

 

14. The driver stated that the offence occurred whilst he was working as a delivery driver for Uber Eats and Just Eat.  He stated that he was pulled over by police shortly after leaving his home address and that the police officer had seen him using his mobile phone whilst driving.  The applicant stated the mobile phone was on the passenger seat and that he was simply pressing it to accept a new delivery job.

 

15. The driver stated he was immediately fined £200.00 and issued with 6 penalty points on his licence.

 

16. When asked why he had not notified the Licensing Department, the driver explained that he had chosen not to report it as he was not driving a taxi at the time of the offence. The applicant further stated that he did not realise that using his mobile phone whilst driving was considered a serious breach of his private hire driver’s licence.

 

17. At the Licensing Committee meeting the driver stated that he was extremely sorry and admitted that he had made a mistake in not notifying the Licensing Department of his conviction.  He further stated that as he was issued a fixed penalty notice, he did not think he needed to notify the department of this.  The driver informed the Committee that he had not driven taxis for a considerable amount of time, instead choosing to work as a delivery driver and also as a plumber, for financial reasons.

 

18. He further informed the Committee that he had not collected his licence from the Council offices after it was last renewed, as he had not needed to use it.  He stated he kept his taxi licence just in case he wanted to get back into the work, in the event the delivery work did not prove to be financially viable.

 

19. When asked why his phone was on the passenger seat and why he did not have a bracket for the phone, the driver stated that his bracket was broken at the time.

 

20. The Committee also queried whether his current employers for his delivery driving were aware of his conviction, to which the driver stated they were.

 

21. The Committee, based on the evidence it was presented with, determined no compelling, clear, good or exceptional reasons to depart from the Policy, and decided to revoke the licence for the reasons set out above.

 

22. The Committee believed that the failure to inform the Licensing Department of the conviction was deliberate, especially as the driver had informed his delivery driving employers.

 

23. The Committee considered the age of the offence, and the driver’s record since, however deemed that he had deliberately concealed notifying the Council and that the delay in the Committee hearing this matter was not the fault of the Licensing Department, but rather due to the driver’s inability to follow the Policy.

 

24. The Committee further considered it was not acceptable for a person who drives for a living to be convicted of using a mobile phone whilst driving, especially given the data behind how dangerous this is, and as a result the driver was not a fit and proper person.

 

25. The Committee noted that this was a major traffic offence and in line with the Policy, the Committee determined that the driver was not a fit and proper person to hold a private hire driver’s licence in Middlesbrough.

 

26. If the driver 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.

 

27. If the driver 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 driver which could be in the region of £1,000.