Licensing Committee Minutes

Licensing Committee Minutes

Date:
Monday 15 February 2016
Time:
1:00 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

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

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

Item Number Item/Resolution
PUBLIC
15/82 MINUTES - LICENSING COMMITTEE - 25 JANUARY 2016

The Minutes of the previous meeting of the Licensing Committee held on 25 January 2016 were submitted and approved as a correct record.   

15/83 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
Report of Assistant Director - Improving Public Health
15/84 REVIEW OF PRIVATE HIRE VEHICLE DRIVER LICENCE: REF. NO: 045/15

The Assistant Director of Improving Public Health submitted an exempt report in connection with the review of Private Hire Vehicle Driver Licence, Ref: 045/15, 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 accompanied and assisted by an Interpreter, 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 received on 7 September 2015 regarding an incident that had occurred on 26 August 2015 detailed 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, through his Interpreter, responded to questions from Members of the Committee.

 

It was confirmed that there were no further questions and the driver, his Interpreter 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 returned and the Chair announced the Committee’s decision.

 

ORDERED that Private Hire Vehicle Driver Licence: Ref No: 045/15 be retained but that the applicant be issued with a warning regarding his future conduct.

In making their decision, the Committee had taken into consideration, the representations from the applicant, the evidence received from the Complainant and the information contained within the report.

15/85 REVIEW OF COMBINED HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVER LICENCE: REF. NO: 07/16

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 No: 07/16, where circumstances had arisen which required special consideration by the Committee.

 

The Senior Licensing Officer informed Members that the driver had telephoned the Licensing Section to advise that he had been unable to obtain legal representation.Members were requested, therefore, to defer consideration of the matter to allow the driver the opportunity to obtain legal representation. 

  

ORDERED that the Review of Combined Hackney Carriage/Private Hire Vehicle Driver Licence: Ref No: 07/16 be deferred to the next meeting of the Committee to enable the applicant to obtain appropriate legal representation.

15/86 APPLICATION FOR COMBINED HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVER LICENCE: REF. NO: 04/16

The Assistant Director of Improving Public Health submitted an exempt report in connection with an Application for a Combined Hackney Carriage/Private Hire Vehicle Driver Licence: Ref No: 04/16, 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 accompanied by his legal representative and his brother, verified his name and address and confirmed that he had received a copy of the report.

 

The matter was due to be considered by Members at the Licensing Committee held on 25 January 2016, however on that occasion, the Applicant's brother had contacted the Licensing Section prior to the meeting to advise that he wanted legal representation for his brother and his legal representative was unable to attend. Members therefore chose to defer the matter to the next available meeting.

 

The Senior Licensing Officer presented the report setting out the circumstances of the case in relation to the history of the application and testing process in respect of the applicant. The applicant confirmed that the report was correct.

 

The Chair invited the applicant, assisted by his legal representative and his brother to present his case. The applicant responded to questions from Members of the Committee.

 

It was confirmed that there were no further questions and the driver, his legal representative 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 review.

 

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

 

ORDERED that the Application for Combined Hackney Carriage/Private Hire Vehicle Driver Licence: Ref No: 04/16 be deferred to the next meeting of the Committee to enable an assessment of the vulnerability of the applicant to be carried out by a qualified officer of the Council, and for the Committee to seek internal advice on the extent of its statutory duties in relation to safeguarding.

 

Once the assessment had been completed, a report detailing the outcome would be submitted to the next meeting of the Licensing Committee to enable Members to make a final decision in respect of the application.

15/87 REVIEW OF PRIVATE HIRE VEHICLE DRIVER LICENCE: REF. NO: 03/16

The Assistant Director of Improving Public Health submitted an exempt report in connection with the Review of Private Hire Vehicle Driver Licence: Ref No: 03/16, where circumstances had arisen which required special consideration by the Committee.

 

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 Chair advised that the matter had been due to be considered at the meeting held on 25 January 2016, however on that occasion the Applicant had failed to attend the Committee meeting and Members had deferred the matter to the next available meeting. The driver had been informed however that should he fail to attend the next meeting, the matter would be heard in his absence. 

 

As the driver had failed to attend the meeting, Members determined to hear the matter in his absence.

 

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 Senior Licensing withdrew whilst the Committee determined the review. Subsequently the Senior Licensing Officer returned and the Chair announced the Committee’s decision.


ORDERED that Private Hire Vehicle Driver Licence, Ref 03/16, be suspended for a period of 8 weeks, and that the driver return to the Licensing Committee at the earliest opportunity, for the following reasons:

 

1. The driver had failed, on two occasions, to attend the Licensing Committee and had not notified officers of his absence prior to the meetings.

 

2. The driver had received a Simple Caution for the possession of a Controlled Drug - Class A - Cocaine and had failed to report the offence which was detailed at 1) in the submitted report, within seven days of conviction, as required by condition of his licence.

15/88 REVIEW OF COMBINED HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVER LICENCE: REF. NO: 08/16

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 No: 08/16, where circumstances had arisen which required special consideration by the Committee.

 

The Senior Licensing Officer informed Members that the driver had telephoned the Licensing Section to advise that he had been unable to obtain legal representation.Members were requested, therefore, to defer consideration of the matter to allow the driver the opportunity to obtain legal representation.
 

ORDERED that Review of Combined Hackney Carriage/Private Hire Vehicle Driver Licence: Ref No: 08/16 be deferred to the next meeting of the Committee to enable the applicant to obtain appropriate legal representation.

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