Licensing Committee Minutes

Licensing Committee Minutes

Date:
Monday 7 March 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 Higgins(As Substitute), Councillor T Lawton, Councillor D McCabe, Councillor G Purvis, Councillor J Rathmell
Officers:
B Carr, C Cunningham and J Hodgson
Apologies for absence:
Councillor T Harvey, Councillor L Lewis, Councillor T Mawston
Declarations of interest:
Name of Member Type of Interest Item/Nature of Interest
Councillor B Taylor Non-Pecuniary Agenda Item 6 - Driver Ref: 07/16 known to Councillor
Item Number Item/Resolution
PUBLIC
15/89 MINUTES - LICENSING COMMITTEE - 15 FEBRUARY 2016

The minutes of the Licensing Committee held on 15 February 2016 were submitted and approved as a correct record. 

15/90 FIRE SAFETY AND SAFETY OF PLACES OF SPORT ACT 1987 - MIDDLESBROUGH SPORTS VILLAGE - ISSUE OF REGULATED STAND SAFETY CERTIFICATE FOR ONE YEAR

The Assistant Director Economic Development 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 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.

 

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 Assistant Director Economic Development or her representative be authorised to issue the above certificate in accordance with the requirements set out in the report.

15/91 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.

 

**The Chair of the Licensing Committee, Councillor Taylor, declared a Non Pecuniary Interest in Agenda Item 6, and  left the room at this point of the meeting and took no part in the following Agenda Item.

EXEMPT
Report of Assistant Director - Improving Public Health
15/92 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 a Review of a Combined Hackney Carriage/Private Hire Vehicle Driver Licence: Ref No: 07/16, where circumstances had arisen which required special consideration by the Committee.

 

The Vice Chair of the Committee advised that as children were involved as witnesses in relation to this case, Members would hear the statements of the children and have the opportunity to ask questions in relation to the content of the statements. Once the children had provided their evidence they would be requested to leave the room, prior to the driver being invited to join the meeting.

 

The two witnesses, who were both accompanied by their mothers, were invited into the room. The Vice Chair introduced those present and outlined the procedure to be followed.

 

The Vice Chair asked the witnesses if they had anything further to add to their submitted statements. The two witnesses, assisted by their mothers clarified the details of their statements and responded to questions from Members of the Committee. It was confirmed that there were no further questions and the two witnesses and their mothers left the room at this point of the meeting.

 

The driver and his legal representative were invited into the Committee room. The Vice Chair introduced those present and outlined the procedure to be followed.

 

The driver's legal representative indicated that there was a preliminary issue with regard to the Committee proceedings, as the two witnesses to the incident had already appeared before Members, without the driver or his legal representative being present. The legal representative advised that he had never attended a tribunal where the Committee had already heard evidence from the other parties without all parties being present.

 

The Vice Chair and the Council's legal officer advised that the witnesses had only confirmed the details of the content of their statements. The driver's legal representative advised that he had listened at the door and had heard some of what had been said and he queried how he would be able to ask questions of the witnesses if they had already left the meeting.

 

The driver's legal representative queried whether the Committee had heard from both of the witnesses at the same time. The Vice Chair confirmed that this was the case. The legal representative expressed concern regarding the fact that he had been prevented from asking the witnesses any questions or cross-examining them when the driver refuted the allegations against him. 

 

The driver's legal representative requested written details of the questions posed by Members to the witnesses and the answers to those questions as soon as possible. It was pointed out that the minutes of the meeting were not a verbatim record. 

 

It was suggested that the case be adjourned to the next meeting of the Committee. A Member of the Committee advised that at Agenda Item 5, the Committee had excluded the Press and Public from the meeting and it was not in order for the driver's legal representative to listen to the proceedings outside the door of the Committee room. A Member commented that in his view listening outside a closed door was unethical behaviour. The driver's legal representative advised that in his view, as the Member of the Committee had made an allegation against him, he should not be able to sit on the Committee when the case was next considered.  

 

ORDERED that the application for the Review of a Combined Hackney Carriage/Private Hire Vehicle Driver Licence: Ref No: 07/16, be deferred to the next meeting of the Licensing Committee.  

 

**The Chair of the Licensing Committee, Councillor Taylor returned to the meeting at this point and assumed responsibility for Chairing the meeting

15/93 REVIEW OF PRIVATE HIRE VEHICLE DRIVER LICENCE - REF.NO: 09/16

The Assistant Director of Improving Public Health submitted an exempt report in connection with a Review of a Private Hire Vehicle Driver Licence: Ref No: 09/16, 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 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 complaint received regarding the driver's behaviour in respect of an incident that occurred on 30 November 2015. The driver confirmed that the report was correct.

 

The witness to the incident that occurred on 30 November 2015 was invited into the meeting. The witness was invited to address the Committee in relation to the statement she had submitted. The witness responded to questions from Members of the Committee and the Council's legal officer. It was confirmed that there were no further questions and the witness left the room at this point of the meeting.

 

The driver was invited to address the Committee in support of his case. The driver responded to questions from Members of the Committee. The driver was asked if he wished his wife to address the Committee. The driver indicated that he would like his wife to address the Committee and he left the meeting at this point. The driver's wife was invited into the meeting and she addressed the Committee in support of the driver's case and responded to questions from Members of the Committee.

 

It was confirmed that there were no further questions and the driver's wife 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 no further action be taken in respect of the Review of Private Hire Vehicle Driver Licence: Ref No: 09/16

 

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

15/94 REVIEW OF PRIVATE HIRE VEHICLE DRIVER LICENCE - REF.NO: 10/16

The Assistant Director of Improving Public Health submitted an exempt report in connection with a Review of a Private Hire Vehicle Driver Licence: Ref No: 10/16, 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 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 complaint received regarding the driver's behaviour in respect of an incident that occurred on 29 September 2015. The driver confirmed that the report was correct.

 

The first witness to the incident that occurred on 29 September 2015 was invited into the meeting. The Chair introduced those present and outlined the procedure to be followed. The witness was invited to address the Committee in relation to the statement she had submitted. The witness responded to questions from Members of the Committee. It was confirmed that there were no further questions and the witness left the room at this point of the meeting.

 

The second witness to the incident that occurred on 29 September 2015 was invited into the meeting. The Senior Licensing Officer requested permission on behalf of the second witness for the first witness to sit and support her during the meeting. The Chair agreed to the request. The Chair introduced those present and outlined the procedure to be followed. The second witness was invited to address the Committee in relation to the statement she had submitted. The witness responded to questions from Members of the Committee. It was confirmed that there were no further questions and the witness and her friend left the room at this point of the meeting.

 

The driver was invited to address the Committee in support of his case. The driver 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 review.

 

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

 

ORDERED that Private Hire Vehicle Driver Licence: Ref No: 10/16 be retained but the driver be given a warning regarding his future behaviour.

 

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

 

** COUNCIL PROCEDURE RULE NO. 7

 

As the meeting had reached its three hour limit in accordance with Council Procedure Rule No. 7 it was moved, seconded and ORDERED that the length of the meeting be extended in order to deal with the remaining business.

15/95 REVIEW OF PRIVATE HIRE VEHICLE DRIVER LICENCE - REF.NO: 12/16

The Assistant Director of Improving Public Health submitted an exempt report in connection with a Review of a Private Hire Vehicle Driver Licence: Ref No: 12/16, 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 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 report. The driver confirmed that the report was correct.

 

The driver was invited to address the Committee in support of his case. The driver 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 review.

 

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

 

ORDERED that Private Hire Vehicle Driver Licence: Ref No: 12/16 be retained but the driver be given a warning regarding his future behaviour.

 

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

Powered by E-GENDA from Associated Knowledge Systems Ltd