Agenda item

The Director of Environment and Community Services submitted a report in relation to an application for a Private Hire Vehicle Driver Licence, Ref: 41/25, highlighting the circumstances that required the Committee’s special consideration.

 

The Chair introduced those present and outlined the procedure to be followed.  The applicant, who attended the meeting, verified his name, 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 stating that the applicant appeared before Members due to convictions detailed at 1) in the submitted report.

 

The report stated that the offence had not been declared at the time of application.  The applicant was interviewed by Licensing Officers on 19 November 2025, when he confirmed that there were no outstanding matters of which the Council was unaware.  He provided an explanation for the non-disclosure, stating that he had been assisted in completing the online application by a representative of his prospective employer and believed the question only related to convictions within the previous five years.  He stated that the omission was a genuine mistake and that he had not intended to mislead the Council.

 

The applicant provided details of the circumstances leading to a conviction for driving with excess alcohol in December 2019.  The applicant explained that he had been experiencing personal difficulties at the time, including medical issues and being made unemployed.

 

The applicant also provided details of the events leading to the conviction and highlighted that his 14 month driving ban was later reduced by 14 weeks following completion of a Drink Driving Awareness Course.  He added that he had not consumed alcohol since the incident and that he no longer placed himself in situations where alcohol was present and frequently declined social invitations involving alcohol.

 

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 the application for Private Hire Vehicle Driver Licence, Ref No: 41/25, 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 Vire vehicle driver’s licence on the grounds that the Committee were 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 on convictions was set out at Appendix G, Policy on the Relevance of Convictions, Cautions, Reprimands, Warnings, Complaints and Character.

 

6.     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.

 

7.     The Policy was clear where it stated that an applicant who has a conviction for drink driving must show at least seven years free from conviction since the completion of any sentence or driving ban imposed before their application will be considered.

 

8.     The applicant was convicted on 30 December 2019 of driving a motor vehicle with excess alcohol. The applicant was subsequently sentenced to a £120 fine, £85 costs, £32 victim surcharge and disqualification from driving for 14 months. The disqualification was reduced by 14 weeks following the completion of a drink driving awareness course.

 

9.     The applicant failed to declare the conviction on the application form. When asked by Licensing Officers, during interview on 19 November 2025, why he had failed to disclose the offence, the applicant stated that it was a genuine mistake, and he was not trying to mislead the Council.

 

10.  A full summary of the interview with Licensing Officers was contained within the report. The applicant stated that he and a friend had decided to go for a drive  to discuss some personal issues that the applicant was experiencing. The applicant stated that he had undergone a hip replacement and lost his job around the time, as well as also finding out that his mother, who lived overseas, had undergone heart surgery following a heart attack.

 

11.  The applicant informed Officers that he had spent several hours talking with his friend and that during that time he had two cans of high strength beer. The applicant recalled driving home and being stopped by the police after travelling around 40mph in a 30mph area. The applicant explained that there was a temporary 30mph speed limit, down from 50mph, due to roadworks. The applicant stated that he failed the specimen test as his breath showed 50 micrograms of alcohol.  The limit was 35 micrograms.

 

12.  The applicant reiterated that he had pleaded guilty at the first attempt and that he had received the mentioned penalty.

 

13.  At the Committee hearing, the applicant stressed how he made a mistake and that he had learned from doing so. He continued, when questioned on whether he still consumed alcohol, that he used to be a social drinker but since the incident and the birth of his two children he did not drink at all now.

 

14.  The applicant told the Committee that he wanted to provide for his wife and two children and that being able to drive taxis would provide him the opportunity to be flexible in his work life.

 

15.  The Committee considered the offence and the circumstances that led to the same. The Committee felt that despite the applicant’s unfortunate situation at the time the offence was committed, the offence was extremely serious.

 

16.  The Committee also considered the applicant’s admission of speeding, and did not look favourably on this, especially as the applicant was over the legal limit when speeding.

 

17.  The Policy was clear on drink driving whereby it expressly stated that an applicant must show a period of 7 years free from conviction since the completion of any sentence or driving ban imposed before their application will be considered. When applied to the immediate matter, this period will end in November 2027.

 

18.  The Committee’s decision to refuse to grant the licence was in accordance with the Policy. The Committee concluded that given the expectations of a licensed driver and how there was a need to protect the public, there was no good or exceptional reasons to depart from the Policy on this occasion.

 

19.  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 Court for the area was, Teesside Justice Centre, Teesside Magistrates Court, Victoria Square, Middlesbrough, TS1 2AS.

 

20.  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.