Licensing Committee Minutes

Licensing Committee Minutes

Date:
Monday 24 November 2014
Time:
1:00 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

Present:
Taylor (Chair); Councillor J A Walker (Vice-Chair); Councillors R Arundale, Councillor R Brady, Councillor M Thompson, Councillor M B Williams
Officers:
B Carr, C Cunningham and J Hodgson
Apologies for absence:
Councillor S Biswas, Councillor M Hudson, Councillor T Mawston, Councillor G Purvis
Declarations of interest:

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

Item Number Item/Resolution
PUBLIC
14/62 MINUTES - LICENSING COMMITTEE - 3 NOVEMBER 2014

The minutes of the Licensing Committee held on 3 November 2014 were taken as read and approved as a correct record.

14/63 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 or 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
Assistant Director - Improving Health
14/64 REVIEW OF PRIVATE HIRE VEHICLE DRIVER LICENCE: REF NO: 54/14

The Assistant Director of Improving Public Health submitted an exempt report in connection with a Review of a Private Hire Vehicle Driver Licence, Ref: 54/14, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed. The driver verified his name and address and confirmed that he had received a copy of the report.

 

The matter was previously considered by Members at the Licensing Committee held on 3 November 2014 and on that occasion, Members had requested that the driver be re-interviewed by the Licensing Section to obtain clarification on some of the information contained in the Committee report.


The Senior Licensing Officer presented the report setting out the circumstances of the case in relation to the offences detailed at 1) and 2) in the submitted report. The driver confirmed that the report was an accurate representation of the facts and was invited to address the Committee.
 

The driver addressed the Committee and responded to questions from Members of the Committee and the Senior Licensing Officer.

 

It was confirmed that there were no further questions and the driver 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 Private Hire Vehicle Driver Licence, Ref: 54/14, be retained but that the driver be issued with a warning in relation to his future conduct for the following reason:

 

Of the 9 points that the driver had accumulated on his licence, none of the points related to his standard of driving. The Committee therefore did not consider that the Driver Improvement Scheme would be of any benefit to the driver.

 

The driver was reminded of the requirement to ensure that he had the appropriate vehicle insurance in place at all times.

 

In making their decision, Members had taken into consideration the information contained in the report and the representations from the driver.

14/65 REVIEW OF PRIVATE HIRE VEHICLE DRIVER LICENCE: REF NO: 55/14

At the appointed time, it was confirmed that neither the applicant nor the witnesses were in attendance. The Senior Licensing Officer telephoned the driver to remind him that he was supposed to be in attendance at the Licensing Committee. The driver explained that he had been away from home and had not received the invitation to the Licensing Committee.


ORDERED that consideration of Private Hire Vehicle Driver Licence, Ref 55/14 be deferred to a future meeting of the Licensing Committee to afford the driver the opportunity to attend, but the driver be advised that should he fail to attend the next meeting, the case would be heard in his absence.
 

14/66 APPLICATION FOR PRIVATE HIRE VEHICLE DRIVER LICENCE: REF NO: 58/14

The Assistant Director of Improving Public Health submitted an exempt report in connection with an Application for a Private Hire Vehicle Driver Licence, Ref: 58/14, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed. The driver 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 in relation to the offence detailed at 1) in the submitted report. The driver confirmed that the report was an accurate representation of the facts and was invited to address the Committee.
 

The driver addressed the Committee and responded to questions from Members of the Committee.

 

It was confirmed that there were no further questions and the driver 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 a Private Hire Vehicle Driver Licence, Ref: 58/14, be granted.


In granting the application, Members had taken into consideration the information contained in the report and the representations from the applicant. Members also noted that the offence had occurred in November 2008 and the applicant had received a Simple Caution. The Council's Guidance on Convictions state that for this particular offence, a licence will be refused unless a period of at least 1 - 5 years, depending on the seriousness of the offence, has elapsed since the date of the caution.

14/67 REVIEW OF PRIVATE HIRE VEHICLE DRIVER LICENCE: REF NO: 59/14

 The Assistant Director of Improving Public Health submitted an exempt report in connection with a Review of a Private Hire Vehicle Driver Licence, Ref: 59/14, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed. The driver 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 in relation to the offences detailed at 1) and 2) in the submitted report and an incident which occurred on 14 October 2014 where the driver had left an inappropriate message on the answering machine of the Licensing Office. The driver confirmed that the report was an accurate representation of the facts and was invited to address the Committee.
 

The driver addressed the Committee and responded to questions from Members of the Committee.

 

It was confirmed that there were no further questions and the driver 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 Private Hire Vehicle Driver Licence, Ref: 59/14, be retained but that the driver be issued with a warning in relation to his future conduct for the following reason:

 

Of the 9 points the driver had accumulated on his licence, only 3 points had been in relation to his standard of driving, the other 6 had been in relation to no insurance and the Committee therefore did not consider that the Driver Improvement Scheme would be of any benefit to the driver.

 

The driver was reminded of the requirement to ensure that he had the appropriate vehicle insurance in place at all times and to report any convictions to the Licensing authority. The driver was also advised that it was unacceptable to be abusive to Licensing Officers or any other people in authority.

 

In making their decision, Members had taken into consideration the information contained in the report and the representations from the driver.

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