Agenda and minutes

The evacuation procedure was noted.

Cllr Mick Moore informed that Committee that he personally knew combined hackney carriage and private hire driver - 001071. In the interests of openness and transparency Cllr Moore left the meeting and did not take part in any discussion or vote on the item.

Cllrs Lynn Hall and Hilary Vickers informed the Committee that they knew a member of the public who had provided a written character witness for combined hackney carriage and private hire driver - 001071. Cllrs Hall and Vickers confirmed they were not predetermined and therefore took part in the discussion and voted on the item.

To approve the minutes of the last meeting held on 14^th March 2023

Consideration was given to the General Licensing Committee minutes from the meeting which was held on 14 March 2023 for approval and signature.

RESOLVED that the minutes be approved and signed as a correct record by the Chair.

RESOLVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.

Members were asked to consider and determine an application for a combined hackney carriage and private hire driver licence, from Applicant- 155176 who had a relevant conviction, meaning he did not meet current Transport Policy.

Applicant - 155176 attended the meeting and was given the opportunity to make representation.

Committee papers and reports had been provided to all relevant parties prior to the meeting.

The report detailed the following:

- a copy of Applicant – 155176’s application, and a copy of a DVLA check code which showed no live DVLA endorsements

- a summary transcript of an interview with Applicant - 155176 and Licensing Officers which was held 7th June 2023.

The Chair introduced everyone present and explained the procedure to be followed during the hearing.

The Committee noted that the application was for the grant of an application for a licence to drive private hire and hackney carriage vehicles.

The Committee heard that the Applicant – 155176’s DBS check confirmed that he had been convicted on 13th April 2012 for the following:-

• ‘Possessing a controlled drug’ (Class A – Heroin)

• ‘Possessing a controlled drug’ (Class A – Cocaine), and

• ‘Possessing a controlled drug’ (Class A – Heroin).

Applicant - 155176 was sentenced to three years imprisonment concurrently for those offences.

Applicant – 155176’s DBS check also confirmed that he was convicted on 14th September 2015 for:-

• ‘Facilitate the acquisition/acquire/possess criminal property’; and

• ‘Possessing controlled drug with intent to Supply’ (Class A Heroin).

The Committee were informed that Applicant - 155176 was sentenced to 44 months imprisonment concurrently and a confiscation order for those offences.

Applicant - 155176 was interviewed by officers on Wednesday 7th June 2023, and asked about the convictions that led to his prison sentences. Applicant - 155176 explained to officers that he was unemployed and struggling for work at the time, had got in with the wrong crowd and began delivering drugs for them.

The Committee were also told that Applicant - 155176 went on to explain to officers that his 2015 offences were a continuation of this, and that when he was released from prison, he owed debt and was under pressure to pay this back, so began delivering drugs again.

The Committee noted that a drugs test was carried out post interview with Applicant - 155176 that tested for six illegal substances. Applicant – 155176 provided a negative sample.

The Committee heard that Applicant - 155176 did not meet the Council’s current Policy as he had more than one conviction for a drugs related offence and he was unable to demonstrate that 10 years had elapsed since the completion of any sentence imposed.

The Committee also heard that Applicant - 155176 had advised officers that he was currently licenced by Redcar & Cleveland Council and worked as a taxi driver for Boro Cars.

The Committee were told that Redcar & Cleveland Council had confirmed that Applicant - 155176 had held a licence with their authority for 21 months following a committee  ...  view the full minutes text for item GLC/5/23

Members were asked to consider and determine the continued fitness of a licensed hackney carriage and private hire driver who was arrested and currently suspended from driving licensed vehicles with this authority.

Combined hackney carriage and private hire driver - 001071 attended the meeting and was given the opportunity to make representation. Combined hackney carriage and private hire driver - 001071 also provided two character witness statements which with the agreement of the Chair were taken into consideration at the hearing.

Committee papers and reports had been provided to all relevant parties prior to the meeting.

The report detailed the following:

- a copy of an email from combined hackney carriage and private hire driver – 001071 to the licensing department advising Officers he had been arrested on the night of Thursday 1 December 2022

- a copy of a delegated decision and suspension letter relating to a previous suspension of combined hackney carriage and private hire driver – 001071

- a copy of a common law disclosure relating to combined hackney carriage and private hire driver – 001071

- a copy of a further delegated decision and suspension letter relating to combined hackney carriage and private hire driver – 001071

- a copy of a police legal file relating to combined hackney carriage and private hire driver – 001071

- a copy of a summary transcript of an interview with combined hackney carriage and private hire driver – 001071 and Licensing Officers.

- copies of letters from both Education and Transport and Licensing which were sent to combined hackney carriage and private hire driver – 001071.

The Chair introduced everyone present and explained the procedure to be followed during the hearing.

The Committee noted that they were to consider the continued fitness and what action to take in relation to the suspension of combined hackney carriage and private hire driver – 001071 drivers’ licence with this authority.

The Committee noted that combined hackney carriage and private hire driver – 001071 was suspended due to his arrest on 1 December 2022, for the alleged offence of ‘Rape of Female over the age of 16 years old’.

The case was concluded by Cleveland Police, who determined to take no further action and confirmed the complainant withdrew her support of a prosecution but maintained that the account she provided was true and accurate. Police confirmed that evidence led prosecution was considered, but due to no corroborative evidence being available and the absence of a victim, the case was concluded. Police stated that there was insufficient evidence available to pass the threshold for CPS charging advice, and there was no realistic prospect of a conviction at Court.

The Licensing regime allowed all aspects of complaints, arrests, convictions, cautions to be taken into consideration, regardless of the amount of time that had passed. Combined hackney carriage and private hire driver – 001071 advised the Committee that the allegations were untrue, the rape for which he was accused and arrested did not take place. Combined  ...  view the full minutes text for item GLC/6/23

Members were asked to consider and determine an application for a combined hackney carriage and private hire driver licence, from applicant - 141351 who was previously revoked by this authority in 2017 and had relevant convictions which meant he currently did not meet Transport Policy.

Applicant - 141351 attended the meeting and was given the opportunity to make representation.

Committee papers and reports had been provided to all relevant parties prior to the meeting.

The report detailed the following:

- a copy of Applicant – 141351’s application which contained a DVLA check code, showing no live DVLA endorsements

- a copy of a summary transcript of an interview with Applicant – 141351 and Licensing Officers which was held on 16th March 2023

- a copy of a letter to Applicant – 141351 granting him his licence in 2016 which included a warning

- a copy of the revocation letter to Applicant – 141351 dated 2017.

The Chair introduced everyone present and explained the procedure to be followed during the hearing.

The Committee noted that they were to consider an application from Applicant – 141351 who’s DBS disclosure confirmed two convictions for battery on 1st May 2016; and who was sentenced to 8 weeks imprisonment and fined a victim surcharge of £115 and costs of £620 for these offences.

The Committee were told that the victims in this matter were Applicant – 141351’s wife and daughter.

The Committee also heard that Applicant – 141351 had previously held a private hire vehicle drivers’ licence with this Authority, which was revoked in 2017 following his battery convictions.

Applicant – 141351 was interviewed by officers on Tuesday 16th March 2023, and was asked about the incident that led to his prison sentence. Applicant – 141351 had told officers that bamboo sticks were found in his house by police, however denied hitting his wife or daughter with these.

The Committee noted that Applicant – 141351 had advised officers that in his view the incident was an internal family matter and that he would not be aggressive with customers or members of the public.

The Committee further heard that Applicant – 141351’s comments during his interview concerned officers; Applicant – 141351 struggled to understand what a vulnerable person was and when questioned about transporting a lone female, he suggested that he would take her to the police station rather than transport her home safely.

The Committee noted that when questioned further on this point, Applicant – 141351 made comments that he did not trust women and said “because, you know, in this country, women have power”.

The Committee also heard that Applicant – 141351 received a police caution on 2 August 2012 for common assault; Applicant – 141351 stated in interview at the time that this was due to a disagreement with a friend outside his child’s school.

Applicant – 141351 explained to the Committee that he was a joiner by profession, however, would like to be a taxi driver as he enjoyed this previously and  ...  view the full minutes text for item GLC/7/23