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: 37/25, 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 attended the meeting, verified his name and address and confirmed he had received a copy of the report and understood its content.

 

The Licensing Manager presented a summary of the report stating that the applicant appeared before Members due to offences 1) to 4) in the submitted report.  Those offences were declared by the applicant on his application form.

 

The applicant was interviewed by a Licensing Officer on 10 September 2025.  At that time, he confirmed that there were no outstanding matters of which the Council was unaware and provided an explanation in relation to the offences at 1) to 4) in the report.

 

The applicant had explained that all four offences arose from a single incident on 26 February 2017 when he had travelled with his wife and young daughter to attend a family wedding.  He highlighted that the wedding was a non-alcoholic event due to religious observance.

 

After returning to the hotel, in the early hours of the morning, his wife experienced breathing difficulties and could not locate her inhaler.  Concerned for her health, given her history of severe asthma and previous collapse requiring emergency services, he contacted his sister, who confirmed that the inhaler had been left at her home, around ten minutes away by car.

 

The applicant stated that, acting out of urgency, he drove his wife’s vehicle to retrieve the inhaler, despite not being insured to do so.  While unfamiliar with the area, he became lost and was subsequently stopped by the police.  He explained that while the police officers conducted checks, he attempted to contact his wife but received no response, which caused him to panic.  He claimed that he requested police assistance to return to the hotel, which was refused, and as a result, he became uncooperative, telling police officers not to touch him and refusing to provide a breath specimen.

 

The applicant was arrested and held overnight.  He confirmed that he did not physically resist arrest but admitted to being emotionally unresponsive.  He refused legal assistance and was later charged with multiple offences.  He explained that he missed his initial court date due to international travel for a family funeral in but attended court immediately upon his return, where he pleaded guilty to all charges and accepted full responsibility.

 

The applicant expressed deep remorse for his actions and acknowledged his emotions compromised his judgement.  He stated that he completed a four-week rehabilitation programme through probation services, which included legal education and behavioural training.  He confirmed that he had no further contact with the police since the incident and had lived in the United Kingdom for 23 years with no other arrests.

 

At the time of the incident, the applicant was employed as a support worker for a housing association.  Since March 2025, he had been employed at a secure unit for young people involved in crime.  His role involved managing challenging behaviour, including verbal and physical abuse, and required professionalism, emotional regulation, and adherence to legal standards.  He stated that he was trained in corporate parenting and behaviour management.

The applicant explained that he worked shifts and sought to use his days off to earn supplementary income as a licensed private hire driver to better support his family.  He stated that his professional experience and rehabilitation had equipped him with skills to remain calm and law-abiding in stressful situations.  He confirmed that he understood the responsibilities of a licensed driver and was committed to public safety.  He accepted his past actions posed a risk and expressed willingness to comply with any conditions or monitoring periods imposed on a granted licence. 

 

He asked Members to consider his remorse, rehabilitation, and current conduct when determining his suitability.  He confirmed his commitment to upholding the standards expected of a licensed driver and ensuring public safety and trust.  He also provided evidence that he had completed a rehabilitation programme on 7 July 2017, with a copy of the certificate attached in the submitted report.

 

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 addressed the Committee and responded to questions from Members of the Committee, the Licensing Manager 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 a full decision and reasons withing five working days.

 

ORDERED that the application for Private Hire Vehicle Driver Licence, Ref No: 37/25, be granted, 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 applicant 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 grant the application for a Private Hire Vehicle Driver’s Licence on the grounds that it was satisfied the applicant was a fit and proper person to be granted such a licence.

Reasons

 

5.     On 28 April 2017, the applicant was convicted of the following offences:-

 

i)                         Resist or obstruct constable on 26 February 2017 Police Act 1996 S.89(2).

ii)                       Failing to provide a specimen for analysis (driving or attempting to drive) on 26 February 2017 road traffic act 1988 S.7(6).

iii)                     Using vehicle while uninsured on 26 February 2017 road traffic act 1988 S. 143(2).

iv)                     Failing to surrender to custody at appointed time on 05 April 2017 Bail Act 1976 S.6(1).

The applicant received a community order which was subsequently revoked due to good behaviour and progress.  The applicant’s driving licence was endorsed.

 

6.     The applicant was interviewed by Licensing Officers on 10 September 2025, a full summary of the interview was contained within the report.

 

7.     The applicant informed Officers that all four of the offences related to the same incident. He stated that he was attending a family wedding with his pregnant wife and three year old daughter, the wedding was a non-alcohol event due to religious observance.

 

8.     The applicant stated that at around 1am after the wedding, he was woken by his wife who was experiencing breathing difficulties and could not locate her inhaler. The applicant stated that he was concerned due to her medical history involving asthma, his wife had previously collapsed and required emergency services.

 

9.     The applicant informed Officers that due to his concern and panic, he decided to drive his sister-in-law’s vehicle to his sister’s house to retrieve the inhaler, she had confirmed that they had left it at her house. The applicant explained that he was not insured to drive the vehicle. 

 

10.  The applicant explained that, due to it being dark, he had found himself lost when he was pulled over by Police Officers.  Whilst the Officers were conducting checks, he tried to call his wife but became extremely panicked when she did not pick up or respond.  He stated that he asked for Police assistance to return to the hotel, but this was denied, he therefore became non-cooperative refusing to take a breathalyser.  The applicant said that he had not become physical but did become emotionally unresponsive.

 

11.  The applicant was arrested and held in custody overnight.  Upon his release, he refused legal assistance and missed the first court hearing to travel abroad for a family funeral. When the applicant returned, he pled guilty to all the charges.

 

12.  At Committee, the applicant stressed that this was a standalone incident and that it was more than eight years ago.  He stated that he was extremely sorry for his actions that day and was regretful of his behaviour.  The applicant stressed how the situation with his wife caused him extreme panic and that was why he acted in the manner he did.

 

13.  The Committee also heard that the applicant completed an intense rehabilitation course whereby he attended for around four hours a day for four weeks.  The course centred around his behaviour and emotional reaction to incidents.  The applicant referred the Committee to the certificate of achievement confirming his completion, annexed to the report.

 

14.  When asked by Committee Members why he had not taken his wife to his sister’s house to get to the inhaler, the applicant stated that he panicked and he had his three year old child at the hotel too, he stated he did not want to disturb or upset her.

 

15.  The Committee heard honestly from the applicant when he explained that he had been banned from driving for 17 months and fined £250.00, which he believed was for the insurance offence and failing to provide a specimen.  The applicant stressed, he did not drink and drive.

 

16.  The applicant also spoke about his current employment, that he was a residential support worker in a secure centre for youths who had been involved in criminality.

 

17.  The Committee determined that, on this occasion, the offence was not one of a violent nature.  Further, when looking at the Policy, the Committee considered that the applicant satisfied the five years conviction free period for a major traffic offence, specifically driving with no insurance. 

 

18.  The Committee considered that the applicant had learned from this incident and that he had taken full responsibility for his actions.  The Committee also considered the course completed by the applicant and found this further showed that he was remorseful and willing to work with services to rehabilitate.

 

19.  The Committee believed the applicant was a fit and proper person to hold a licence and, therefore, decided to grant the licence.