Agenda and minutes

General Licensing Committee - Tuesday 30th January, 2024 10.00 am

Venue: Jim Cooke Conference Suite, Stockton Central Library, The Square, Stockton-on-Tees, TS18 1TU

Contact: Sarah Whaley  Democratic Services Officer

Items
No. Item

GLC/33/23

Evacuation Procedure pdf icon PDF 9 KB

Minutes:

The Evacuation Procedure was noted.

GLC/34/23

Declarations of Interest

Minutes:

There were no declarations of interest.

GLC/35/23

Minutes pdf icon PDF 61 KB

To approve the minutes of the meeting held on 14November 2023.

Minutes:

Consideration was given to the General Licensing Committee minutes from the meeting which was held on 14 November 2023.

 

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

GLC/36/23

Exclusion of the Public

Minutes:

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.

GLC/37/23

PRIVATE HIRE DRIVER APPLICATION - 156614

Minutes:

Members were asked to consider a Private Hire Driver application form Applicant – 156614 who had relevant DVLA convictions and did not meet current Transport Policy.

 

Applicant – 156614 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 – 156614’s application which also contained a DVLA check code, showing two live DVLA endorsements, IN10 – Driving a motor vehicle

uninsured against third party risks and SP30 – Exceeding the statutory speed limit on public road.

 

– A copy of a summary transcript detailing an interview between Licensing Officers and Applicant – 156614, during which he admitted to driving without insurance and breaking the speed limit.

 

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

 

The Committee Members were presented with the report by the Licensing Officer and were given the opportunity to ask questions of both the Officer and Applicant – 156614.

 

Applicant – 156614 assured Members during the meeting, that both driving incidents were unintentional. Applicant – 156614 stated that there was no excuse for his actions that resulted in those convictions however he was apologetic and gave the Committee assurances that incidents such as these would not happen again in the future.

 

The Committee deliberated all the information before them and the comments Applicant – 156614 had made during the hearing. The Committee determined to depart from current policy and place their trust in Applicant – 156614 and grant him a licence to drive private hire vehicles, with this authority. However, this was issued with a severe warning as to Applicant – 156614’s future conduct. Members reminded Applicant – 156614 that public safety was paramount, and should he receive any further convictions, cautions, reprimands, warnings, or complaints he was likely to be brought back before the General Licensing Committee.

 

Applicant – 156614 was told that as he was now a licensed driver, he was expected to drive safely as he was carrying fare paying passengers which included those that may be vulnerable. Driving more than the statutory speed limit was against the law and these limits were designed to keep Taxi Drivers and other road users safe, improve road traffic safety and reduce casualties from traffic collisions. Travelling at excess speed would mean that Applicant – 156614 would have much less time to react to driving conditions. It also meant that if he had a collision, it would be more violent and more likely to result in serious or fatal injuries. Travelling more than the statutory speed limit would not be tolerated from any driver who was licensed with this authority and further formal action would be taken against those who did this.

 

The law concerning driving without insurance was clear, this meant the penalties could be severe. Police had the power to seize uninsured vehicles and remove them from the road. Offenders would also  ...  view the full minutes text for item GLC/37/23

GLC/38/23

Combined Hackney Carriage and Private Hire Driver – 140045

Minutes:

Members were asked to consider and determine the continued fitness of a suspended Combined Hackney Carriage and Private Hire Driver– 140045 who was under investigation by Cleveland Police and had also failed to attend a driver improvement course, as requested by Licensing Officers.

 

Combined Hackney Carriage and Private Hire Driver – 140045 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 letter informing Combined Hackney Carriage and Private Hire Driver– 140045 which requested him to take a driver improvement course at his own expense due to the number of DVLA point he had accrued on his drivers licence.

 

. A copy of a police disclosure relating to Combined Hackney Carriage and Private Hire Driver– 140045.

 

. A copy of a letter suspending Combined Hackney Carriage and Private Hire Driver– 140045.

 

. A copy of a summary transcript between Licensing Officers and Combined Hackney Carriage and Private Hire Driver– 140045.

 

. Copies of two licence renewal forms one in 2022 and  one in 2023 where Combined Hackney Carriage and Private Hire Driver– 140045 did not disclose he was under police investigation.

 

. A copy of Combined Hackney Carriage and Private Hire Driver– 140045’s application from May 2015.

 

. A copy of a written warning from January 2017.

 

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

 

The Committee Members were presented with the report by the Licensing Officer and were given the opportunity to ask questions of both the Officer and Combined Hackney Carriage and Private Hire Driver– 140045.

 

The Committee understood that the matter before them was to determine the continued fitness of Combined Hackney Carriage and Private Hire Driver– 140045 as detailed in the Committee report and appendices.

 

The Committee heard that the driver had been licenced with the Authority since May 2015.

 

The Committee were informed that Cleveland Police had contacted the Licensing Service in February 2023, requesting further information in relation Combined Hackney Carriage and Private Hire Driver– 140045’s driver history. The Committee noted that Police confirmed to licensing officers that Combined Hackney Carriage and Private Hire Driver– 140045 was under investigation with regard to his mobile telephone use, and licensing officers sought disclosure from Police for more information, which was subsequently received in July 2023.

 

The Committee were told that on 28th April 2023, Combined Hackney Carriage and Private Hire Driver– 140045 had submitted a combined licence renewal and declared that he had received DVLA points on 4th August 2022; MS90 ‘Failure To Give Information As To Identity Of Driver’, resulting in Combined Hackney Carriage and Private Hire Driver– 140045 having nine live DVLA points on his driving licence.

 

The Committee noted that Combined Hackney Carriage and Private Hire Driver– 140045 did not declare the motoring offences from August 2022 within 48 hours, as required by his licence conditions. The Committee heard that  ...  view the full minutes text for item GLC/38/23