Licensing Committee Minutes

Licensing Committee Minutes

Date:
Monday 24 September 2012
Time:
1:30 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

Present:
Councillor Taylor (Chair), Councillor J Walker (Vice Chair); Councillors Arundale, Biswas, Brady, Harvey and P Sharrocks.
Officers:
B Carr, J Hodgson and S Vickers.
Apologies for absence:
Councillors Hubbard, Hudson, Kerr, Mawston, Purvis and Williams.
Declarations of interest:

There were no Declarations of Interest made by Members at this point in the meeting.

Item Number Item/Resolution
PUBLIC
12/25 MINUTES - LICENSING COMMITTEE - 13 AUGUST 2012 AND 3 SEPTEMBER 2012

The Minutes of the Licensing Committee held on 13 August 2012 and 3 September 2012 were submitted and approved as a correct record.

12/26 EXCLUSION OF PRESS AND PUBLIC.

ORDERED that the press and public be excluded from the meeting for the following items on the grounds that, if present, there would be disclosure to them of exempt information as defined in Paragraphs 1, 2, 3 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972 and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

EXEMPT
Reports of the Assistant Director Community Protection Service
12/27 REVIEW OF COMBINED HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVER LICENCE NO: 120: REF 28/12

The Assistant Director of Community Protection submitted an exempt report in connection with the review of Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 28/12, where circumstances had arisen which required special consideration by the Committee.

 

The Senior Licensing Officer advised Members that the case was adjourned from the meeting held on 3 September 2012 in order to give all witnesses the opportunity to attend the Committee and for Members to view the mobile phone footage of a witness which could allegedly prove the assertion that there were five people in the car on the night of the alleged offence.

 

The Senior Licensing Officer advised that numerous attempts had been made to obtain the additional evidence however Officers had been unable to obtain the mobile phone footage.

 

The Senior Licensing presented the report setting out the circumstances of the case relating to the offences detailed at (1) to (3) of the report and a complaint regarding the behaviour of the driver submitted to the Licensing Office on 1 March 2012 by a member of the public.

 

The driver who was accompanied by a representative confirmed that the report was an accurate representation of the facts. The driver’s representative advised Members that he had recommended to the driver that he seek representation by a qualified solicitor. The driver indicated to the Chair that he preferred for the case to go ahead without legal representation.

 

The driver’s representative presented his case and responded to questions from Members of the Committee. It was confirmed that there were no further questions and the driver and his representative left the room.

 

The three witnesses were invited into the room and each witness was invited to go through their statement and respond to questions from Members of the Committee. It was confirmed that there were no further questions and the three witnesses and officers of the Council, other than representatives of the Council’s Legal Services and Members’ Office, withdrew whilst the Committee determined the application.

 

Subsequently the driver and his representative and the Senior Licensing Officer returned and the Chair announced the Committee’s decision.

 

ORDERED that Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 28/12, be retained as Members considered that there was insufficient evidence to take any further action.

12/28 REVIEW OF HACKNEY CARRIAGE DRIVER LICENCE NO: 279: REF: 31/12

  

The Assistant Director of Community Protection submitted an exempt report in connection with the review of Hackney Carriage Driver Licence, Ref: 31/12, where circumstances had arisen which required special consideration by the Committee.

 

The Senior Licensing presented the report setting out the circumstances of the case relating to the offences detailed at (1) to (2) of the report and a complaint regarding the behaviour of the driver submitted to the Licensing Office on 4 March 2012 by a member of the public.

 

The driver confirmed that the report was an accurate representation of the facts. The driver presented his case and responded to questions from Members of the Committee. It was confirmed that there were no further questions and the driver left the room.

 

The driver’s witness was invited into the room and invited to go through his statement and respond to questions from Members of the Committee. It was confirmed that there were no further questions and the witness left the room.

 

The complainant was invited into the room and invited to go through his statement and respond to questions from Members of the Committee. It was confirmed that there were no further questions and the complainant left the room.

 

Officers of the Council, other than representatives of the Council’s Legal Services and Members’ Office, withdrew whilst the Committee determined the application.

 

Subsequently the driver and the Senior Licensing Officer returned and the Chair announced the Committee’s decision.

 

ORDERED that Hackney Carriage Driver Licence, Ref: No. 31/12 be retained but the driver be given a warning about his future behaviour.
 

12/29 REVIEW OF COMBINED HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVER LICENCE NO:63 : REF 32/12

The Assistant Director of Community Protection submitted an exempt report in connection with the review of Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 32/12, where circumstances had arisen which required special consideration by the Committee.

 

The Senior Licensing presented the report setting out the circumstances of the case relating to the offence detailed at (1) of the report and a complaint regarding the behaviour of the driver submitted to the Licensing Office on 12 June 2012 by a member of the public. The Senior Licensing Officer circulated copies of witness statements from the driver and the complainant to all Members of the Committee.

 

The driver who was accompanied by his legal representative confirmed that the report was an accurate representation of the facts. The driver’s legal representative presented his case and responded to questions from Members of the Committee.

 

It was confirmed that there were no further questions and the driver and his legal representative and Officers of the Council, other than representatives of the Council’s Legal Services and Members’ Office, withdrew whilst the Committee determined the application.


Subsequently all interested parties returned and the Chair announced the Committee’s decision.

 

ORDERED that Combined Hackney Carriage/Private Hire Vehicle Driver Licence, Ref 32/12, be suspended for a period of two weeks, and the driver be warned about his future behaviour for the following reason:-

 

The Committee believed that the use of a mobile phone whilst driving was a serious safety issue and an offence which the Committee, the Courts and the law took very seriously.

 

The driver was reminded of his right of appeal to the Magistrates Court within 21 days from the date of the decision.
 

12/30 APPLICATION FOR PRIVATE HIRE VEHICLE DRIVER LICENCE: REF: 30/12

 The Assistant Director of Community Protection submitted an exempt report in connection with an application for a Private Hire Vehicle Driver Licence, Ref: 30/12, 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 accompanied by his legal representative verified his name and address and confirmed that he had received a copy of the report.

 

The Senior Licensing Officer presented the report setting out the circumstances of the case relating to the offences detailed at (1) to (4) in the submitted report. The applicant confirmed that the report was an accurate representation of the facts.

 

The applicant’s legal representative presented his case and responded to questions from Members of the Committee. It was confirmed that there were no further questions and the applicant and his legal representative and Officers of the Council, other than representatives of the Council’s Legal Services and Members’ Office, withdrew whilst the Committee determined the application.

 

Subsequently all interested parties returned and the Chair announced the Committee’s decision.

 

ORDERED that the application for Private Hire Vehicle Driver Licence, Ref: No. 30/12 be granted.

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