Agenda and minutes

General Licensing Committee - Wednesday 23rd October, 2024 1.00 pm

Venue: Democratic Services Meeting Room, First Floor, Municiapl Buildings, Church Road, Stockton on Tees, TS18 1LD

Contact: Sarah Whaley  Democratic Services Officer

Items
No. Item

GLC/23/24

Evacuation Procedure pdf icon PDF 53 KB

Minutes:

The evacuation procedure was noted.

GLC/24/24

Declarations of Interest

Minutes:

Councillor Hilary Vickers declared a personal interest in relation to item, ‘Hackney Carriage and Private Hire Driver Application – 001391’. Cllr Vickers informed the Committee that Applicant – 001391 had corresponded with his Local MP Matt Vickers, who was also Cllr Vickers son. Cllr Vickers left the room during the item, did not take part in the debate or vote on the item.

GLC/25/24

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/26/24

Hackney Carriage and Private Hire Driver Application – 001391

Minutes:

Members were asked to consider and determine an application for a combined hackney carriage and private hire driver licence, from Applicant - 001391 who had previously held a combined licence with this authority, and which was revoked in November 2022.

 

Applicant - 001391 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 - 001391’s application, including a DVLA check code and current full licence which had no endorsements

 

- A copy of a summary transcript with Applicant – 001391 and Licensing Officers which took place during September 2024.

 

- A copy of a committee minute and decision notice where Applicant – 001391 had had his licence revoked.

 

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 combined hackney carriage and private hire vehicle drivers’ licence as detailed in the Committee report.

 

The Committee heard that as Applicant – 001391 had previously had his combined hackney carriage and private hire drivers’ licence revoked by the Committee, it was standard practice for the Committee to determine a new application from him.

 

The Committee heard that, as part of the application process, Applicant – 001391 was interviewed during September 2024. The Committee were told that Applicant – 001391 stated in interview that he believed that he was a fit and proper person because he was not convicted of any offence by Cleveland Police, despite two previous arrests.

 

The Committee heard that records confirmed that Applicant – 001391 was licensed by the Council prior to 2004, until his licence was revoked in 2022.

 

The Committee were told that Applicant – 001391’s licence to drive hackney carriage and private hire vehicles was suspended in 2020, following his arrest by Cleveland Police for allegedly  engaging in controlling/coercive behaviour and allegedly raping his then wife.

 

The Committee understood that a further arrest followed in August 2021; Applicant –   001391’s licence remained suspended at that time following the first arrest. The second arrest for rape was in connection with an allegation from a female that she was transported to an address in Bowesfield Lane, Stockton-on-Tees, and subjected to imprisonment, gang rape and injected with heroin.

 

The Committee were told that in November 2022, Cleveland Police took no further action against Applicant – 001391 in any of the matters for which he was arrested.

 

The Committee heard that Applicant – 001391 subsequently appeared before the Licensing Committee on 8th November 2022; Members revoked his combined hackney carriage and private hire drivers’ licence, as they did not deem him to be a fit and proper person.

 

The Committee heard that Applicant – 001391 exercised his right of appeal against the revocation, and his appeal was heard at Teesside Magistrates’ Court on 11th April 2023. When reading aloud the Court’s decision, the Court  ...  view the full minutes text for item GLC/26/24

GLC/27/24

Hackney Carriage Driver– 001134

Minutes:

Members were asked to consider and determine the continued fitness of licensed Hackney Carriage Driver - 001134 who’s vehicle was stopped during a joint operation by Cleveland Police Road Policing Unit alongside Licensing Officers due to his manner of driving.

 

Prior to the hearing, a discussion took place with Hackney Carriage Driver -  001134 and Mr Ali, who Hackney Carriage Driver -  001134 wished to assist him throughout the hearing. After several discussions, it was agreed that Mr Ali could attend the hearing to represent Hackney Carriage Driver -  001134, however it was noted that this was as a representative, rather than as an interpreter. Mr Ali understood that his role was to present the case on behalf of Hackney Carriage Driver -  001134, and that Hackney Carriage Driver -  001134 would be required to answer the Committee’s questions himself.

 

Hackney Carriage Driver -  001134 and Mr Ali representing hackney carriage driver - 001134 were in attendance and 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 statement detailing an incident involving Hackney Carriage Driver -  001134 during September 2024

 

- A copy of a summary transcript of an interview with Hackney Carriage Driver -  001134 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 the above matter, 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 licenced Hackney Carriage Driver -  001134 as detailed in the Committee report and appendices.

 

The Committee heard that Council records confirmed that Hackney Carriage Driver -  001134 had been licenced with the Authority since before 2004.

 

The Committee were told that on Friday 27th September 2024, police and licensing officers conducted a compliance check operation on Council licensed private hire and hackney carriage vehicles. The Committee heard that whilst travelling down Norton Road, near Hills Drive, in the direction of Stockton-on-Tees at 00:30 hours on Saturday 28th September 2024, a hackney carriage vehicle was witnessed travelling in the opposite direction, towards Norton High Street.

 

The Committee heard that officers decided to carry out a routine check on the vehicle, turned around and began to follow the vehicle along Norton Road. The Committee were told that it was clear to the licensing officers and the police officer that something was distracting the driver, as on at least three occasions the vehicle crossed the central white line and drove onto the other side of the road.

 

The Committee were informed that the driver was believed to be travelling above the 30mph statutory speed limit, as the driver was estimated to be travelling at 40 to 47mph, due to the time it took for the police vehicle to catch up to it and the speed of the  ...  view the full minutes text for item GLC/27/24

GLC/28/24

Private Hire Driver Application – 157996

Minutes:

Members were asked to consider a Private Hire Driver application from Applicant – 157996 who had relevant convictions and did not meet current transport policy.

 

Applicant – 157996 did not attend the meeting due to illness which he had confirmed to Licensing Officers and requested that the Committee consider his application at a future meeting of the General Licensing Committee.

 

A vote took place and the item was deferred.

 

RESOLVED that Applicant – 157996’s application be deferred to a future meeting of the General Licensing Committee.

GLC/29/24

Private Hire Driver Application– 143184

Minutes:

Members were asked to consider a Private Hire Driver application from Applicant – 143184 who was previously refused by this authority in 2017 and had relevant. convictions which meant he currently did not meet Transport Policy.

 

Applicant - 143184 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 – 143184’s application which contained a DVLA check code, showing no live endorsements.

 

- A copy of a refusal letter to Applicant – 143184 in 2017.

 

- A copy of a summary transcript of an interview with Applicant – 143184 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 the above matter, 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 an application for a private hire vehicle drivers licence as detailed in the Committee report.

 

The Committee heard that Applicant – 143184 had previously applied to the Council for a licence on the 18th January 2017, which was refused due to two convictions for possession of drugs. The Committee were told that Applicant – 143184’s historical convictions from that time as detailed in the refusal letter now complied with the requirements of the Council’s Private Hire and Hackney Carriage Licensing Policy 2021 – 2026 (“the Policy”).

 

The Committee heard that Applicant – 143184’s two previous convictions for possession of a class A drug, cocaine, on 1st September 2011 and 6th June 2012 did not meet the requirements of the Policy, which stated that a licence would normally be refused if an applicant had more than one conviction for drugs related offences.

 

The Committee were told that when interviewed by licensing officers on 16th September 2024, and asked about these convictions, Applicant – 143184 said that in relation to the conviction when he was found to be in possession of cocaine on 1st September 2011, he was stopped by police on Durham Road, and stated that an acquaintance had given him the cocaine to try. 

 

The Committee were also advised that in relation to the conviction for possession of cocaine on 6th June 2012, Applicant – 143184 had advised officers that the circumstances were that he was removed from a premises due to his argumentative behaviour, and subsequently arrested for being drunk and disorderly. The Committee were told that Applicant – 143184 had recalled that during a search conducted by the police, he was found to be in possession of cocaine. Applicant – 143184 told officers during interview that he woke up in a police station and was informed that cocaine was found in his possession.

 

The Committee heard that when asked if he still took drugs, Applicant – 143184 denied this; however, he did disclose during interview that he had previously  ...  view the full minutes text for item GLC/29/24