Agenda item

The Corporate Director of Regeneration and Housing submitted an exempt report in connection with an application for renewal of a Private Hire Vehicle Driver Licence, Ref: 15/26, 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 Principal Licensing Officer presented a summary of the report, highlighting that the applicant was first licensed with Middlesbrough Council in April 2024, with such licence expiring on 31 March 2025.

The applicant appeared before Members due to the conviction outlined at 1) in the submitted report.  It was noted that in March 2025, the applicant applied to renew his PHVDL for a period of one year, however, due to an issue with the electronic recording system within the Licensing Team, Officers were unable to retrieve previous renewal applications submitted by drivers.  To date, it had not been possible to retrieve the applicant’s renewal application, or its contents, from March 2025.

During a routine DVLA licence check on 28 March 2025, Licensing Officers discovered no endorsements at that time.  As all other application requirements had been met by the applicant, a PHVDL was issued for the period up to 31 March 2026.

On 19 April 2026, the applicant submitted a late application to renew such licence and had declared receiving six penalty points within his application submission.

Whilst carrying out a DVLA licence check on 20 April 2026, Officers noted the offence of using vehicle uninsured against third party risks (IN10) on 5 January 2025, for which the applicant had received six penalty points.  It also showed his driving licence was valid from 3 March 2026.  There was no record of the applicant having notified the Licensing Department about the motoring conviction at the time it had occurred.

The applicant was interviewed on 20 April 2026 and was asked to explain the circumstances of the conviction detailed at 1) in the report and to explain why he failed to notify the Licensing Department as required by condition of his licence.

The applicant provided an explanation in relation to the offence and stated that it had been a protracted process in relation to the fine and issue of penalty points and that he had declared the offence on his application form.

On 24 April 2026 a Licensing Officer contacted the applicant to ascertain why the applicant’s DVLA licence was only valid from 3 March 2026.  The applicant explained he had changed address, however, the Licensing Department had no record of this information being submitted which was a further breach of the conditions of his licence.

In addition, the Committee was also made aware of information received, on 22 September 2025, from Darlington Borough Council, showing a photograph of the applicant’s Private Hire Vehicle parked at the train station without his rear licence plate on display.  His Private Hire Vehicle applicant licence was suspended until the vehicle was subsequently inspected with the rear licence plate correctly fitted.

The applicant confirmed the content of the report as being an accurate representation of the facts and was invited to address the Committee.  The applicant addressed the Committee in support of his renewal application and responded to questions from Members. 

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 for renewal. 

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: 15/26, be refused, as follows:-

Authority to Act 

1.     Under Section 61 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may suspend or revoke or refuse to renew 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 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 renew the Private Hire Vehicle Driver’s licence under the grounds of any other reasonable cause.  The reasons for the decision were as follows:

Reasons

5.     On 5 January 2025, the applicant was convicted of ‘Using a vehicle uninsured against third party risks’ (IN10), fined £300 and his licence endorsed with six penalty points.

6.     The Policy stated that if an applicantion for a driver’s licence had an endorsement in respect of a major traffic offence, 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.  ‘IN10’ - using a vehicle uninsured against third party risks was categorised as a major traffic offence.

7.     The applicant failed to notify the Council in writing of the motoring offence within 48 hours of the conviction, arrest or charge.   A condition on the applicants Privat Hire Vehicle driver’s licence stated 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.  This was also a requirement in the Department of Transport Statutory taxi and private hire standards to which the Committee must have regard.

8.     The applicant failed to inform the Council of the change to his address.  A condition on the applicant’s Private Hire Vehicle driver’s licence stated drivers must notify the Council, in writing, within seven days if they changed their home address or name.

9.     On 19 September 2025 the applicant’s Private Hire Vehicle, of which he was the driver at the time, had no rear licence plate correctly displayed.  The licence was suspended until the plate was correctly fitted.  A condition on the applicant’s Private Hire Vehicle driver’s licence stated drivers should check that the appropriate signage and plates were affixed to the vehicle.   A condition of the Private Hire Vehicle licence was to display the Council’s plates, which must be securely attached to the exterior front and rear of the vehicle as prescribed by a condition of the licence.  It was also an Offence under Section 48(6) the Act.

10. The applicant did tick the box on his renewal form in March 25 and April 26 that he had previous motoring convictions, he stated he had six penalty points but did not state what the offence was.

11. The Committee noted the applicant’s explanations to the conviction of having no insurance, in summary that it was a one-off silly mistake and he had no other convictions and had been driving for a year without any driving incidents.  The Committee noted that the vehicle being driven was a licensed Private Hire Vehicle and was concerned that the applicant was aware that the insurance had expired but decided to drive whilst uninsured.  Although the applicant said it was a private journey, he drove whilst uninsured, knowing there was no insurance in place, in a licensed Private Hire Vehicle.  The Committee noted the Policy categorised driving whilst not insured to be serious and a major motoring offence.  The Committee considered that driving uninsured, particularly whilst being licensed as a Private Hire Vehicle driver, and within a period of eight months from obtaining the licence and in a Private Hire Vehicle, showed a disregard for safety and posed a risk to passengers and other road users. 

12. Although the Committee noted the licence was previously renewed, it noted Officers were not aware of the actual major motoring offence – which was using a vehicle without insurance. 

13. The applicant explained he did not report the offence within 48 hours because the paperwork regarding his penalty points did not come through for several weeks and he disclosed his points when he applied to renew his licence in March 2025 and that he was not trying to deceive the Licensing Authority as it was declared in his application.  However, the Committee considered the Police gave the applicant the fine and notified him of the fixed penalty points for the offence of having no insurance at the time of the incident, that would have been clear, and the applicant failed to notify the Council which was in breach of the condition on his licence.   The Committee considered that failing to report motoring offences posed a significant risk to public safety as it prevented Licensing Officers from quickly assessing whether a driver was safe and suitable to be licensed.   The application form to renew required the convictions to be specified and the applicant failed to state the offence was for driving without insurance.

14. In addition, the applicant had failed to inform the Council of his change of address which was a further breach of a condition of his licence.  The applicant also drove a Private Hire Vehilce without properly displaying the plate.

15. The Committee, therefore, considered there were no good reasons to depart from its Policy, in that to protect the public there should be a conviction-free period of five years from 5 January 2025.  In view of the above reasons, the Committee considered that the application to renew the Private Hire Vehicle driver’s licence should be refused.

16. 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 the Teesside Justice Centre, Teesside Magistrates, Victoria Square, Middlesbrough. 

17. 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 excess of £1,000. 

** DECLARATION OF INTEREST

Councillor J Platt declared a non-pecuniary interest in relation to the following item as the complainant was known to him.  Councillor Platt withdrew from the meeting and took no part in consideration of the item.