Agenda and minutes

The Evacuation Procedure was noted.

Cllr Hilary Vickers informed that Committee that she personally knew Private Hire Driver Application - 156401. In the interests of openness and transparency Cllr Vickers left the meeting and did not take part in any discussion or vote on the item.

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 Combined Private Hire and Hackney Carriage Driver – 103792 who was previously under investigation by North East Regional Organised Crime Unit (NEROCU) and was currently suspended from driving licensed vehicles.

Combined Private Hire and Hackney Carriage Driver – 103792 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 a disclosure detailing the arrest of Combined Private Hire and Hackney Carriage Driver – 103792 for the alleged drugs offences.

. A copy of an Officer delegated decision and suspension letter relating to Combined Private Hire and Hackney Carriage Driver – 103792.

. A copy of an updated disclosure from Cleveland Police.

. A copy of an interview plan with planned questions for Combined Private Hire and Hackney Carriage Driver – 103792, and a copy of the summary transcript during interview with Combined Private Hire and Hackney Carriage Driver – 103792.

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

Members of the Council’s General Licensing Committee considered all of the information before them, full details of which appeared before the Members in their agenda and background papers.

The Committee understood that the matter before them was to determine the continued fitness of Combined Private Hire and Hackney Carriage Driver – 103792 as detailed within the Officers Committee report.

The Committee heard that the disclosure from Cleveland Police confirmed that Combined Private Hire and Hackney Carriage Driver – 103792 was arrested by police on 26th July 2022, for the alleged offences of:-

•           2 x ‘Produce controlled drug – class B – cannabis’; and

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

•           ‘Participate in the criminal activities of an on organised crime group’.

The Committee were told that it was alleged that Combined Private Hire and Hackney Carriage Driver – 103792 was involved in the production of cannabis, was suspected to have assisted Albanian organised crime groups to send money out of the UK and booking flights for Albanian’s using false identification.

The Committee heard that due to the seriousness of the allegations, Combined Private Hire and Hackney Carriage Driver – 103792’s drivers’ licence was suspended on 23rd August 2022. Combined Private Hire and Hackney Carriage Driver – 103792 appealed this decision to the Magistrates’ Court. The Committee were advised that the appeal was determined on the 6th January 2023; Combined Private Hire and Hackney Carriage Driver – 103792’s appeal was unsuccessful.

The Committee were told that on 9th November 2023, an update was received confirming that the North East Regional Organised Crime Unit (NEROCU) were not taking any further action against Combined Private Hire and Hackney Carriage Driver – 103792 in relation to the matters for which he was arrested.

The Committee heard that as per standard procedure, a copy of the police file was requested from NEROCU  ...  view the full minutes text for item GLC/29/23

Members were asked to consider and determine the continued fitness of Hackney Carriage Driver – 001336 who had received a relevant complaint from a member of the public.

Hackney Carriage Driver – 001336 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 the complainants detailed account of the witnessed incident.

. A copy of a delegated decision and suspension letter relating to Hackney Carriage Driver – 001336.

. A copy of a summary transcript of an interview with Hackney Carriage Driver – 001336 and Licensing Officers detailing the complaint against him and his full explanation of the alleged incident.

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

Members of the Council’s General Licensing Committee considered all of the information before them, full details of which appeared before the Members in their agenda and background papers.

Members heard that on 18th October 2023 the Licensing Office received a complaint in relation to Hackney Carriage Driver – 001336. The complainant stated they had just seen Hackney Carriage Driver – 001336  assault a female at Thornaby Train Station, and it appeared Hackney Carriage Driver – 001336 was pulling at a female’s clothing while she was trying to get out of Hackney Carriage Driver – 001336’s vehicle. The complainant thought that the female was waiting for her friend to come and pay the fare for the journey.

Following the complaint an investigation into the matter commenced and a detailed account of the incident was obtained from the complainant alongside a video showing Hackney Carriage Driver – 001336 following the female after she got out of Hackney Carriage Driver – 001336’s car and where Hackney Carriage Driver – 001336 was calling her names.

Due to this evidence Hackney Carriage Driver – 001336’s licence to drive Hackney Carriage Vehicles was suspended on 23rd October 2023 in the interest of Public Safety via the Delegated Decision process.

Further enquires were undertaken such as requesting CCTV from Thornaby Train Station, and Hackney Carriage Driver – 001336 was formally interviewed in relation to the matter on 22nd November 2023. During the interview Hackney Carriage Driver – 001336 was asked a number of questions and gave his account of what happened during the incident.

Hackney Carriage Driver – 001336 admitted to attempting to take the female to the police station, insulting her when she left the car, holding onto the female while the car was moving and driving an excessive distance with the door open in the car park. Hackney Carriage Driver – 001336 denied hitting or assaulting the female. Hackney Carriage Driver – 001336  explained that he waited for the female’s friend to come and pay the fare and quickly realised no one was coming. Hackney Carriage Driver – 001336 then turned his vehicle around in the car park and advised the female that he was  ...  view the full minutes text for item GLC/30/23

Members were asked to consider and determine an application for a combined hackney carriage and private hire driver licence from an applicant who had previously had a driver licence revoked by another Local Authority.

Applicant – 156212 did not attend the meeting.

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

The report detailed the following:

. A copy of Applicant – 156212’s application which contained a DVLA check code, showing no live DVLA endorsements.

. A copy of a revocation letter to Applicant – 156212 from Redcar and Cleveland Borough Councils Licensing Team revoking his licence.

. A summary transcript of an interview with Applicant – 156212 and Licensing Officers.

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

Members of the Council’s General Licensing Committee considered all of the information before them, full details of which appeared before the Members in their agenda and background papers.

The Committee were advised by the Team Leader of Licensing that Applicant – 156212 had notified the Licensing team that he would not be present at the hearing as he was attending a wedding, and had subsequently asked to withdraw his application.

The Committee considered whether to allow Applicant – 156212 to withdraw his application, however the Committee felt that as their overriding consideration was the safety of the public, it was pertinent for them to determine Applicant – 156212’s application. As Applicant – 156212 was not in attendance, despite being aware of the hearing, and had not requested a deferment, the Committee agreed to proceed in his absence.

The Committee understood that the matter before them was to determine an application for a combined hackney carriage and private hire vehicle licence as detailed in the Committee report.

The Committee heard that Applicant – 156212 was licensed by Redcar and Cleveland Council for thirteen years, which he declared within his application form. The Committee heard that when asked if he had had a licence refused, revoked, or suspended, Applicant – 156212 declared, “I had a taxi badge a few years ago which I handed back in”.

The Committee were told that Redcar and Cleveland Council’s Licensing Team had confirmed that in June 2021, they received an email from the press, which contained a link to social media showing Applicant – 156212 spitting in a 15-year-old girl’s face. The Committee heard that Redcar and Cleveland Council subsequently took the decision to revoke Applicant – 156212’s private hire drivers’ licence. The Committee were advised that the video of the incident was no longer available.

The Committee understood that Applicant – 156212 was interviewed in relation to the matter on Thursday 21 September 2023. The Committee were told that when questioned about his previous licence revocation, Applicant – 156212 responded; ‘I gave it up because it was hard to get it renewed and everything and I wanted a break from taxis, cause after COVID, customers, I didn’t want to deal with them, ‘  ...  view the full minutes text for item GLC/31/23

Members were asked to consider and determine a new application for a private hire driver licence for Applicant – 156401 who had a relevant conviction and currently did not meet Transport Policy.

Applicant - 156401 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 – 156401’s application which contained a DVLA check code, showing an expired CU80 DVLA endorsement, with an offence date of 30th May 2020.

. A copy of a summary transcript of an interview with Applicant – 156401 and Licensing Officers.

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

Members of the Council’s General Licensing Committee considered all of the information before them, full details of which appeared before the Members in their agenda and background papers.

The Committee noted that following a DVLA check during the application process, Applicant – 156401 had an expired CU80 which was received 30th May 2020 and where the  DVLA endorsement had expired 30th May 2023.

Applicant – 156401 explained to the Committee that he did not lift his phone up however he had touched it to stop it from moving around on the central console. Members of the Committee asked if Applicant – 156401 had a mobile phone mount in his vehicle to which Applicant – 156401 stated that there was not one situated in the vehicle at the time of the incident. Applicant – 156401 assured members a mobile phone mount would be installed in his licensed vehicle should his licence be granted.

Existing licence holders who committed criminal offences or received complaints about their behaviour which resulted in disciplinary action may expect the Council to consider revoking their licence or refusing their renewal application. These periods should be taken as a starting point in considering whether a licence should be granted or renewed in all cases. This places passenger safety as the priority while enabling past offenders to sufficiently evidence that they have been successfully rehabilitated so that they might obtain a licence.

Any further convictions may call in to question Applicant – 156401’s fitness to hold a licence. The overriding consideration was the safety of the public.

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.

Members took note of Applicant – 156401’s remorse and that Applicant – 156401 understood the dangers of driving while on a mobile phone. The Committee determined to place their trust in Applicant – 156401 and therefore agreed to grant him his licence.

RESOLVED that Applicant – 156401’s private hire drivers’ licence be granted for  ...  view the full minutes text for item GLC/32/23