Licensing Committee Minutes

Licensing Committee Minutes

Date:
Monday 30 March 2015
Time:
1:00 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

Present:
B Taylor (Chair); Councillor R Arundale, Councillor S Biswas, Councillor G Purvis, Councillor M Thompson
Officers:
S Binks, B Carr, T Hodgkinson and B Roberts
Apologies for absence:
Councillor R Brady, Councillor M Hudson, Councillor T Mawston, Councillor J Sharrocks, Councillor P Sharrocks, Councillor J A Walker
Declarations of interest:

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

Item Number Item/Resolution
PUBLIC
14/99 MINUTES - LICENSING COMMITTEE - 9 MARCH 2015

The minutes of the Licensing Committee held on 9 March 2015 were taken as read and approved as a correct record.

14/100 FIRE SAFETY AND SAFETY OF PLACES OF SPORTS ACT 1987 - MIDDLESBROUGH SPORTS VILLAGE - ISSUE OF REGULATED STAND SAFETY CERTIFICATE FOR ONE YEAR

The Highways and Transportation Manager submitted a report, the purpose of which was to seek Members approval for the issue of a Regulated Stand Safety Certificate for a one year period for the new grandstand at Middlesbrough Sports Village.

 

The Committee was advised that where there was a covered stand that provided accommodation for 500 or more standing or seated spectators at any non-designated ground, the local authority was responsible for issuing and enforcing a regulated Stand Safety Certificate in accordance with the provisions of the Fire Safety and Safety of Places Sports Act 1987. The Safety Certificate would contain any terms and conditions that the Local Authority considered necessary or expedient to secure reasonable safety at the sports ground.

 

The application had been forwarded to Cleveland Police, Cleveland Fire Brigade and the North East Ambulance Services and no comments had been received.

 

The Principal Engineer from the Highways and Transportation section clarified that the Council's Building Control section would be required to confirm that the stand was completed to the required standards and that the Safety Certificate would not be issued until all the necessary safety checks had been completed.   

 

ORDERED as follows:-

 

1. That the permitted number of spectators for the stand be up to 584.

 

2. That the issue of the Regulated Stand Safety Certificate for the forthcoming year be approved with a spectator capacity of up to 584.

 

3. That the Highways and Transportation Manager or his representative be authorised to issue the above certificate in accordance with the requirements set out in the report. 

14/101 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
14/102 APPLICATION FOR PRIVATE HIRE VEHICLE DRIVER LICENCE - REF NO: 14/15

The Assistant Director of Improving Public Health submitted an exempt report in connection with an Application for a Private Hire Vehicle Driver Licence, Ref: 14/15, 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 verified his name and address and confirmed that he had received a copy of the report.

The Principal Licensing Officer presented the report setting out the details of the offences detailed at 1) to 2) in the submitted report. The applicant confirmed that the report was an accurate representation of the facts and was invited to address the Committee. The applicant's addressed the Committee and responded to questions from Members of the Committee.

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 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: 14/15 be granted.

14/103 REVIEW OF COMBINED HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVER LICENCE - REF NO: 12/15

The Assistant Director of Improving Public Health submitted an exempt report in connection with a Review of a Combined Hackney Carriage/Private Hire Vehicle Driver Licence, Ref: 12/15, where circumstances had arisen which required special consideration by the Committee.

As the incident that led to the two complaints being received involved two drivers and they were both present at the meeting, the Chair invited both drivers into the room. The Chair introduced those present and outlined the procedure to be followed. The Chair invited both drivers to confirm their names and addresses and they both confirmed that they had received a copy of the report.

The Principal Licensing Officer presented the report setting out the circumstances of the case in relation to an incident that had occurred on 19 September 2014. Both drivers had submitted complaints against each other as a result of the incident.

 

The Principal Licensing Officer had initially tried to get together with the two drivers and the Hackney Carriage Association to try and rectify the issue, however both drivers had felt so strongly about the incident that they had preferred the issue to be dealt with by the Licensing Committee.

 

The Principal Licensing Officer advised that both drivers had witnesses to the incident and that they were in attendance at the meeting. The Chair suggested that the first driver's witness be invited into the room first to present her version of the events that occurred on 19 September 2014.

The first witness was invited to join the meeting and the Chair made introductions and explained the procedure to be followed. The witness confirmed her name and the content of her submitted statement (attached at Appendix 3) relating to the incident that had occurred on 19 September 2014.

The witness provided her version of events in relation to the incident and responded to questions from Members of the Committee, the other driver and the Principal Licensing Officer. The Chair confirmed that there were no further questions. The first witness subsequently left the meeting at this point.

The Chair invited the other driver's two witnesses in relation to the incident to join the meeting. The Chair made introductions and outlined the procedure to be followed. The witnesses confirmed their names and provided the Committee with their version of events in relation to the incident.

 

The two witnesses responded to questions from Members and the Principal Licensing Officer. The Chair confirmed that there were no further questions and the two witnesses subsequently left the meeting at this point.

The Chair invited the first driver to address the Committee and the driver responded to questions from Members and the Principal Licensing Officer.

 

The Chair invited the second driver to address the Committee and the driver responded to questions from Members and the Principal Licensing Officer.

 

It was confirmed that there were no further questions and the two drivers and officers of the Council, other than representatives of the Council's Legal Services and Members' Office, withdrew whilst the Committee determined the review.

Subsequently all interested parties apart from the witnesses returned and the Chair announced the Committee's decision.
 

ORDERED that Combined Hackney Carriage/Private Hire Vehicle Driver Licence, Ref: 12/15 be retained but the driver be given a warning regarding his future conduct.

 

The Committee considered that it was clear that the driver had been touting for business when the incident that had led to the complaint occurred on 19 September 2014.

 

The Committee also indicated that they were disappointed that the two drivers had not considered that the issue could be dealt with via the Hackney Carriage Association. The Chair reminded the driver that it was important for all of the taxi drivers to work together for the good of the town.

14/104 REVIEW OF HACKNEY CARRIAGE DRIVER LICENCE - REF NO: 13/15

The Assistant Director of Improving Public Health submitted an exempt report in connection with a Review of a Combined Hackney Carriage/Private Hire Vehicle Driver Licence, Ref: 12/15, and an exempt report in connection with a Review of a Hackney Carriage Driver Licence, Ref: 13/15, where circumstances had arisen which required special consideration by the Committee. Both reports related to the same incident.

 

As the incident involved two drivers who were both present at the meeting, the reports were considered together. The Chair invited both drivers into the room, introduced those present, and outlined the procedure to be followed. The Chair invited both drivers to confirm their names and addresses and they both confirmed that they had received a copy of the report.

 

The Principal Licensing Officer presented the report setting out the circumstances of the case in relation to an incident that had occurred on 19 September 2014. Both drivers had submitted complaints against each other as a result of the incident.

 

The Principal Licensing Officer had initially tried to get together with the two drivers and the Hackney Carriage Association to try and rectify the issue, however both drivers had felt so strongly about the incident that they had preferred the issue to be dealt with by the Licensing Committee.

 

The Principal Licensing Officer advised that both drivers had witnesses to the incident and that they were in attendance at the meeting. The Chair suggested that the first driver's witness be invited into the room first to present her version of the events that occurred on 19 September 2014.

 

The first witness was invited to join the meeting and the Chair made introductions and explained the procedure to be followed. The witness confirmed her name and the content of her submitted statement (attached as Appendix 3 to each report) relating to the incident that had occurred on 19 September 2014.

 

The witness provided her version of events in relation to the incident and responded to questions from Members of the Committee, the other driver and the Principal Licensing Officer. The Chair confirmed that there were no further questions. The first witness subsequently left the meeting at this point.

 

The Chair invited the second driver's two witnesses in relation to the incident to join the meeting. The Chair made introductions and outlined the procedure to be followed. The witnesses confirmed their names and provided the Committee with their version of events in relation to the incident.

 

The two witnesses responded to questions from Members and the Principal Licensing Officer. The Chair confirmed that there were no further questions and the two witnesses subsequently left the meeting at this point.

 

The Chair invited the first driver to address the Committee and the driver responded to questions from Members and the Principal Licensing Officer.

 

The Chair invited the second driver to address the Committee and the driver responded to questions from Members and the Principal Licensing Officer.

 

It was confirmed that there were no further questions and the two drivers and officers of the Council, other than representatives of the Council's Legal Services and Members' Office, withdrew whilst the Committee determined the review.

 

Subsequently all interested parties apart from the witnesses returned and the Chair announced the Committee's decision.

 

ORDERED that Hackney Carriage Driver Licence, Ref: 13/15 be retained but the driver be given a warning regarding his future conduct.

 

The Committee considered that the driver should not have approached the other driver when he had an issue with that driver's behaviour on 19 September 2014, as he was well aware of the correct procedure for dealing with and submitting complaints. In addition, the driver was reminded that a passenger’s personal choice of vehicle must be respected.

 

The Committee also indicated that they were disappointed that the two drivers had not considered that the issue could be dealt with via the Hackney Carriage Association. The Chair reminded the driver that it was important for all of the taxi drivers to work together for the good of the town.

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