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: 39/25, 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 was previously licensed with Middlesbrough Council from January to March 2024 when he surrendered his Private Hire Vehicle driver licence due to the revocation of his DVLA driving licence, as a result of the offence detailed at 1) in the submitted report.

 

The report highlighted that the Road Traffic (New Drivers) Act 1995 imposed a two-year probationary period on new drivers, whereby a new driver’s DVLA licence would be revoked if they accumulated six or more penalty points in the first two years of holding a licence.  As a result, they were required to retake both the theory and practical driving tests to have their DVLA licence reinstated.

 

As the applicant had not held a DVLA licence for two years prior to the offence at 1), his DVLA was revoked.

 

The applicant was interviewed by a Licensing Enforcement Officer on 19 September 2025 and again on 13 November 2025 in relation to the offence detailed at 1).  The applicant confirmed that there were no outstanding matters of which the Council was unaware and provided an explanation in relation to the offence at 1), which related to using a mobile phone whilst driving.

 

The applicant confirmed that he had accepted a fixed penalty notice and six points on his licence and that he had paid the fine immediately.

 

The applicant had not informed the Licensing Department regarding the conviction and had subsequently been issued with a Private Hire Vehicle driver licence on 3 January 2024.  When asked why he had failed to inform the Council regarding the conviction, he stated he had informed his employer but could offer no explanation as to why he had not informed the Council.

 

When he had received further correspondence from the DVLA in March 2024 advising him that his driving licence had been revoked, he informed the Council and surrendered his Private Hire Vehicle driver’s licence and badge.

 

The applicant subsequently passed his driving theory and practical test on 11 February 2025 and his DVLA licence was reinstated.

 

The applicant confirmed that the report was an accurate reflection of the facts and was invited to address the Committee in support of his application.

 

The applicant spoke 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 Private Hire Vehicle Driver Licence, Ref No: 39/25, 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 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 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.     The Policy was clear, it stated that a serious view would be taken for a conviction of driving whilst using a mobile phone or hand-held device and a driver’s licence would not be granted until at least five years had elapsed since the conviction.

 

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 applicant appeared before the Committee as a result of a conviction for a CU80 offence of breach of requirements as to control of vehicle, use of mobile telephone etc.  The applicant was convicted on 13 December 2023 and received a £200 fine, and six points endorsed on his licence. As the applicant received six points within the two-year probationary period for new drivers, in accordance with The Road Traffic (New Drivers) Act 1995, the applicant’s DVLA licence was revoked.

 

10.  The applicant was previously licensed as a Private Hire Vehicle driver with the Council on 3 January 2024 until 22 March 2024, when he surrendered the licence due to the aforementioned revocation of his DVLA licence.

 

11.  On 19 September 2025 and 13 November 2025, the applicant was interviewed by a Licensing Enforcement Officer - the report contained a full summary of the interview.

 

12.  The applicant stated that on 9 December 2023, he was travelling in his own vehicle in the town centre.  The applicant informed the Officer that he always kept his phone in a holder on the dashboard.  Whilst stationary at a set of traffic lights, the applicant stated he had noticed his phone was about to fall out of the holder, so instinctively tried to catch it.

 

13.  The applicant stated that a Police Officer was also stopped at the lights, in the opposite direction, and subsequently pulled the applicant over.  The applicant alleged that he explained the circumstances to the Police Officer, insisting that he was not making a call or texting, however, the Police Officer issued a fixed penalty notice and penalty points.

 

14.  The applicant accepted the points and paid the fixed penalty immediately.

 

15.  The applicant, prior to receiving his taxi licence in January 2024, did not inform the Council of the conviction and when asked why he had failed to do so, could not offer an explanation as to why. The applicant stated that he had informed his employer.

 

16.  The applicant confirmed that in March 2024 he received confirmation from the DVLA that his licence had been revoked.  It was at this point that he informed the Licensing Department.

 

17.  It was confirmed by the Licensing Officer during Committee that a DVLA licence is not usually revoked instantly upon receipt of the penalty points, there was an administrative period.  The applicant agreed and stated he did not have his licence revoked by the DVLA on the day of conviction.

 

18.  The Licensing Officer further explained that the Policy requirement of informing the Council within 48 hours still stood, even for applicant’s who had not yet had a determination as to whether they would be granted a licence.

 

19.  The Licensing Officer stated that the applicant’s first application in 2023 would have been in the process of completion when the applicant received a conviction.

 

20.  At Committee, the applicant advised that he enjoyed driving and was a hardworking individual. He took responsibility for not informing the Licensing Department sooner and stated this was entirely his fault.

 

21.  When questioned if he knew he would have his DVLA licence revoked as a result of the conviction, the applicant stated he was aware.

 

22.  The Committee considered that it was unacceptable that the applicant failed to notify Licensing Officers for 4 months, that he had been convicted of an offence.  The Committee considered that the applicant would not have obtained his first licence had he been honest with the Licensing Department.  The Committee further believed that he benefitted from not informing them of the conviction as it enabled him to drive a taxi for three months.

 

23.  Whilst the Committee considered the circumstances leading to the conviction, they were presented with no evidence to support the applicant’s version of events.  The Committee could not go behind a conviction and determined that this was a major traffic offence and decided refuse to grant the licence in accordance with the Policy.

 

24.  The Committee considered there were no good or exceptional reasons to depart from it.  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.

 

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

 

26.  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.