Agenda item

The Director of Adult Social Care and Health Integration submitted an exempt report in connection with an application for a  Private Hire Vehicle Driver Licence, Ref: 06/23, 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 that he had received a copy of the report and understood its contents. 

 

The Licensing Manager presented a summary of the report and highlighted that an amendment was required to the offence detailed at 1).  The offence was dealt with in Court on 30 March 2023 and was, therefore, a conviction and not a caution as stated in the report.

 

The report outlined that the application was made in November 2022, however, the applicant had failed to declare the offence that had taken place in September 2022.  The relevant section of the application form was attached at Appendix 1.  The applicant now appeared before Committee as a result of the offence detailed at 1).

 

The applicant was interviewed by a Licensing Enforcement Officer on 4 April 2023 when he provided an explanation in relation to the offence at 1) and confirmed that there were no other offences of which the Council was unaware.  A copy of the applicant’s Community Order was attached at Appendix 2 for information.

 

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

 

The applicant presented the case in support of his application and responded to questions from Members, the Council’s legal representative and the Licensing Manger.

 

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, 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: 06/23,

be refused.

 

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 licence 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 applicant was convicted of an offence of battery and sentenced to a community order and a requirement to carry out 80 hours unpaid work on 2 February 2023.

 

6.         The applicant had also failed to declare when he completed his application form on 8 November 2022 that “he was aware of any enquiries or investigations of any kind being made by the police or the local authority”.

 

7.         In summary, the applicant claimed that following an argument, his wife was on his phone, that he grabbed the phone and charger from his wife which had hit his wife in the face and bruised her forehead.  His wife had fled to neighbours, he followed his wife out of the house then kicked his leg at head height but did not strike his wife.

 

8.         The Committee cannot go behind a conviction, the applicant had pleaded guilty and there was sufficient evidence for the CPS to prosecute for an offence which resulted in bodily harm to his wife.  The incident was serious enough for a neighbour to call the Police and provide footage.  The applicant confirmed he was a black belt in martial arts and the Committee was seriously concerned that he appeared to not fully appreciate his wrongdoing by harming his wife and kicking at his wife.

 

9.         The applicant was arrested and would have been on Police bail until the court hearing and clearly was under investigation.  The Committee was seriously concerned that the applicant failed to declare this information on his application form.

 

10.       The Policy was clear which was in line with Statutory Standards.  Licensed Drivers were in an extreme position of trust and often provoked by passengers.  The Policy confirmed the position with domestic violence, in that the Committee takes it extremely seriously, because if an individual was prepared to assault a person in a domestic home environment there were serious concerns over the person’s ability to maintain their temper in a high stress environment dealing with members of the public.  A person who responded with violence when provoked was not suitable to be granted a licence.

 

11.       The Standard was set high in relation to violence.  A firm line must be taken with those who had a conviction of violence or involved in a violent act.  This was why the Policy and the National Statutory Standards required a period of at least 10 years free of any further involvement in violence since the last conviction or completion of any sentence.  This was to ensure so far as possible the public were safe.  The applicant was still serving his sentence and was only convicted in February 2023.

 

12.       In addition the Policy and the Statutory Standards confirmed where an applicant failed to declare investigations or convictions on his application form, then called into question his honestly and suitability. Where a false declaration had been made, as in this case, an application should be refused.

 

13.       The Committee considered there were no grounds to depart from the Policy and it must protect the public.  Therefore, in accordance with the Policy the Committee rejected the application and does not consider the applicant was safe, suitable or fit and proper to be granted a licence.

 

14.       If the applicant was aggrieved by this decision they 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.

 

15.       If the applicant does appeal the decision and the appeal was dismissed by the Magistrates Court, the Council will claim its costs in defending its decision from the applicant which could be in the region of £1,000.