Licensing Committee Minutes

Licensing Committee Minutes

Date:
Monday 6 July 2015
Time:
1:00 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

Present:
B E Taylor (Chair); Councillor J A Walker (Vice Chair); Councillor R Arundale, Councillor S Biswas, Councillor J Goodchild, Councillor T Lawton, Councillor L Lewis, Councillor T Mawston, Councillor D McCabe, Councillor G Purvis
Observers:
A Symon
Officers:
B Carr, J Hodgson and S Vickers
Apologies for absence:
Councillor R Brady, Councillor J Rathmell
Declarations of interest:

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

Item Number Item/Resolution
PUBLIC
15/13 MINUTES - LICENSING COMMITTEE - 15 JUNE 2015

The Minutes of the previous meeting of the Licensing Committee held on 15 June 2015 were submitted and approved as a correct record.

15/14 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
Report of Assistant Director - Improving Public Health
15/15 REVIEW OF COMBINED HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVER LICENCE - REF: 22/15

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: 022/15, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed. The driver, who was in attendance at the meeting, 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 a complaint submitted on 30 January 2015 from a member of Cleveland Police relating to the behaviour of the driver as detailed in the submitted report. Reference had also been made in the report, to a previous incident dated 11 June 2014, where the driver had accepted a warning for parking his vehicle inappropriately.

 

The driver confirmed that the substance of the report was an accurate representation of the facts although in his view, there were bits of information missing. The Chair advised the driver that he could provide the Committee with any information that he thought was relevant to his case when he addressed the Committee.

 

The Chair invited the driver to address the Committee. The driver addressed the Committee 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 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: 022/15 be retained but the driver be given a warning regarding his future conduct.

15/16 REVIEW OF COMBINED HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVER LICENCE - REF: 21/15

The Assistant Director of Improving Public Health submitted an exempt report in connection with the review of Combined Hackney Carriage/Private Hire Vehicle Driver Licence, Ref: 021/15, where circumstances had arisen which required special consideration by the Committee.

 

The matter was due to be considered by Members at the Licensing Committee held on 15 June 2015, however on that occasion, the driver had failed to attend and the matter was deferred to this meeting. Notification of this Committee had been hand delivered to the driver's home and he had been informed that should he fail to attend on this occasion, the matter would be heard in his absence.

 

The Senior Licensing Officer advised that the driver was not in attendance and confirmed that the driver had not contacted the Licensing Section to advise that he would not be able to attend.
 

The Council's Legal Officer advised Members that the Council's Finance Department were responsible for dealing with unpaid debts and in his view this was not a matter that fell within the remit of the Licensing Committee.  It was recommended that in the circumstances, Members should note the report.

 

ORDERED that the report in respect of the Review of Combined Hackney Carriage/Private Hire Vehicle Driver Licence, Ref: 021/15 be noted.

15/17 REVIEW OF COMBINED HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVER LICENCE - REF: 15/15

The Assistant Director of Improving Public Health submitted an exempt report in connection with a Review of Combined Hackney Carriage/Private Hire Vehicle Driver Licence, Ref: 015/15, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed. The driver, who was accompanied by his brother, 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. The driver confirmed that the report was an accurate representation of the facts.

 

The Licensing Enforcement Officer in connection with Offence 2) detailed in the report was invited into the room to present his Statement of Case to the Committee. The Licensing Enforcement Officer presented his Statement of Case. As there were no questions from the driver or Members of the Committee in respect of the officer's Statement, the officer was invited to leave the room.

 

The Chair invited the driver to address the Committee in support of his case. The driver, assisted by his brother 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 his brother 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 Combined Hackney Carriage/Private Hire Vehicle Driver Licence, Ref: 015/15 be suspended for three weeks with immediate effect, for the following reasons:-

 

The Committee decided to suspend the licence for three weeks with immediate effect because it considered that the driver posed a risk or danger to the travelling public because of his offences involving public safety issues particularly in relation to defective tyres.

 

The driver was reminded of his Right of Appeal to the Magistrates Court within 21 days, however, he was also reminded that, as the suspension was with immediate effect, he was prohibited from driving taxis during any appeal period.

15/18 APPLICATION FOR PRIVATE HIRE VEHICLE DRIVER LICENCE - REF: 23/15

The Assistant Director of Improving Public Health submitted an exempt report in connection with an Application for a Private Hire Vehicle Driver Licence, Ref: 023/15, 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 Senior Licensing Officer presented the report setting out the details of the offences detailed at 1) to 3) 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 addressed the Committee 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 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 023/15, be granted.

 

The Committee highlighted that the applicant fitted the criteria in relation to the Council’s Policy Guidance on convictions which stated that an applicant convicted of an offence involving drugs would normally be refused unless a period of at least 1- 5 years free from conviction had elapsed since the date of conviction or completion of any sentence imposed, whichever was the sooner. The Committee believed the applicant had changed his life around and had not acquired any further convictions since June 2010.

Powered by E-GENDA from Associated Knowledge Systems Ltd