Agenda and draft minutes

Consideration was given to the General Licensing Committee meeting minutes which were held on the 24 September and 23 October 2024 for approval and signature.

RESOLVED that the minutes be approved and signed by the Chair.

The evacuation procedure was noted.

There were no declarations of interest.

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 the continued fitness of Private Hire Driver – 139471 who had provided a routine DVLA Group 2 medical examination report with his licence renewal, of which the contents had raised some concerns.

The Licensing Team Leader informed the Committee that although Private Hire Driver – 139471 had been invited to attend the meeting, he had informed Licensing officers that due to additional evidence which had come forward since the officers’ report, Private Hire Driver – 139471 did not wish to attend the meeting.

A brief discussion was had, followed by a vote to defer by Members.

RESOLVED that item GLC/40/24, Private Hire Driver -139471 be deferred as detailed above.

Members were asked to consider and determine an application for a private hire driver licence from Applicant – 158581 who had relevant DVLA convictions and therefore did not meet current Transport Policy.

Applicant – 158581 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 – 158581’s application containing a DVLA check code,

showing no live DVLA endorsements.

- A copy of a summary interview transcript with Applicant – 158581 and Licensing Officers.

Members understood that the matter before them was to determine an application for a private hire driver licence, from an applicant who had been convicted of causing death by dangerous driving, as detailed in the Committee report and appendices.

The Committee heard that an application for a private hire driver licence had been received from Applicant – 158581, and that an enhanced Disclosure & Barring Service (DBS) certificate was received showing a conviction for causing death by dangerous driving on 8th September 2013. The Committee were told that Applicant – 158581 was convicted of this offence in February 2015, and sentenced in April 2015; receiving a sentence of four years imprisonment, being disqualified from driving until he passed an extended test and ordered to pay a victim surcharge of £120.

The Committee heard that when Applicant – 158581 was interviewed by licensing officers about his conviction, he explained that on the evening of 8th September 2013 he was driving from Whitby with his wife, and had a head on collision with another vehicle, and that the driver of the other vehicle had lost his life.

The Committee were informed that Applicant – 158581 had explained to officers that he was hospitalised for around three weeks following the collision, and then spent approximately two years in rehabilitation, learning to walk again following his injuries. The Committee heard that Applicant – 158581 said that he was not informed of the other driver’s death until two or three weeks after the collision, and that this still had an impact upon him. 

The Committee were given Applicant – 158581’s explanation of the circumstances of the collision; he was travelling at around 70 miles per hour and the other driver was travelling at 72 miles per hour, which Applicant – 158581 said was taken from the police report. The Committee heard that Applicant – 158581 claimed that he drifted into the opposite carriageway, and that Applicant – 158581 now accepted that the collision was his fault. The Committee were told that Applicant – 158581 said that he pleaded not guilty to the charge of causing death by dangerous driving, however he was found guilty by a jury following a trial.

The Committee heard that Applicant – 158581 advised officers that he undertook an extended driving test and theory assessment in April 2019, and that his DVLA licence has been been valid since 18th April 2019.

The Committee  ...  view the full minutes text for item GLC/41/24

Members were asked to consider and determine an application for a private hire driver

licence from Applicant - 157278 who had relevant DVLA convictions and therefore did not meet current Transport Policy.

Applicant – 157278 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 – 157278’s application containing a DVLA check code,

showing one live DVLA endorsement.

- A copy of a summary interview transcript with Applicant – 157278 and Licensing Officers.

- A copy of a revocation letter revoking Applicant – 157278’s taxi licence which he had held with Middlesbrough Council.

The Committee understood that the matter before them was to determine a private hire drivers’ licence application from Applicant – 157278 who had a relevant Major Traffic Offence specifically an IN10 ‘ which related to a period during which Applicant – 157278 operated a vehicle without insurance.

The Committee reviewed all the information provided and considered the statements made by Applicant – 157278 and the Licensing Officer. The Committee observed that Applicant – 157278 presented himself well, demonstrating honesty and truthfulness in his responses. The Committee acknowledged that Applicant – 157278’s failure to insure his vehicle was a genuine mistake, due to Applicant – 157278 entering incorrect details for his standing order to pay his insurance.

Although this incident fell outside the Council’s Policy due to Applicant – 157278’s prior conviction for driving without insurance, the Committee recognised the error as unintentional. Consequently, the Committee decided to grant Applicant – 157278 his private hire drivers licence, deeming him a fit and proper person, subject to the successful completion of all relevant tests.

The Council had a duty to ensure so far as possible that those licensed to drive hackney carriage and private hire vehicles were suitable persons to do so, that they were safe drivers with good driving records and adequate experience, sober, Courteous, mentally and physically fit, honest and not persons who would take advantage of their employment to abuse or assault passengers.

RESOLVED that Applicant – 157278’s application for a private hire driver licence be granted for the reasons as stated above, subject to Applicant – 157278 completing all necessary stages of the application requirements.

Members were asked to consider and determine an application for a private hire driver

Licence from Applicant - 157996 who had relevant convictions and therefore did not meet current Transport Policy.

Applicant - 157996 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- 157996’s application, including a DVLA check code and current full licence with no endorsements.

- A copy of a revocation letter revoking Applicant – 157996’s taxi licence which he had held with Redcar and Cleveland Council.

- A copy of a summary interview transcript with Applicant – 157996 and Licensing Officers.

The Committee understood that the matter before them was to determine a private hire drivers’ licence application from Applicant - 157996 who had a relevant Major Traffic Offence namely DG10 ‘ Driving or attempting to drive with drug levels above the specified limit.

The Committee considered all the information before them and listened to what Applicant – 157996 and the officer said to them. The Committee noted that Applicant – 157996 came across well and found Applicant – 157996 to be honest and candid in his responses to their questioning. The Committee noted that Applicant – 157996 had sought help for his issues and appeared to have turned his life around.

Despite being outside of the Council’s Policy due to Applicant – 157996’s previous conviction for driving or attempting to drive with the drug drive level above the specified limit in 2018; the Committee understood that this was at a difficult time in Applicant – 157996’s life. The Committee had therefore determined that Applicant – 157996’s application should be granted, as they believed that he was a fit and proper person, subject to Applicant – 157996 undertaking a drugs test with a negative result and completing all necessary stages of his application requirements. A drugs test was conducted following the Committee hearing and was negative.

The Council had a duty to ensure so far as possible that those licensed to drive hackney carriage and private hire vehicles were suitable persons to do so, that they were safe drivers with good driving records and adequate experience, sober, Courteous, mentally and physically fit, honest and not persons who would take advantage of their employment to abuse or assault passengers.

RESOLVED that Applicant – 157996’s application for a private hire driver licence be granted for the reasons as stated above, subject to Applicant – 157996 undertaking a drugs test with a negative result and completing all necessary stages of the application requirements.