Stockton-on-Tees Borough Council

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Licensing Committee (ceased to operate 10/04/2017) Minutes

Date:
Tuesday, 21st May, 2013
Time:
10.00am
Place:
Council Chamber, Town Hall, High Street, Stockton on Tees, TS18 1AJ
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Paul Kirton (Chairman), Cllr Michael Clark, Cllr Evaline Cunningham, Cllr Phillip Dennis, Cllr Eileen Johnson, Cllr Miss Tina Large, Cllr Ray McCall, Cllr Mrs Kathryn Nelson, Cllr Maurice Perry, Cllr Bill Woodhead.
Officers:
Jimmy Jones (DNS); Tanya Harrison, Jonathan Nertney (LD).
In Attendance:
None
Apologies for absence:
were submitted on behalf of Cllr Ken Dixon, Cllr Jean Kirby, Cllr Alan Lewis, Cllr David Wilburn.
Item Description Decision
Public
L
1/13
DECLARATIONS OF INTEREST
 
L
2/13
DRAFT MINUTES OF THE MEETINGS HELD ON 11TH DECEMBER 2012, 15TH JANUARY 2013 AND 21ST JANUARY 2013
AGREED that the draft minutes be approved.
L
3/13
WITHDRAWAL OF APPLICATION FOR STREET TRADING CONSENT- CURRY IN A HURRY
RESOLVED that the withdrawal of the application be noted.
L
4/13
EXCLUSION OF THE PUBLIC
 
Confidential
L
5/13
PRIVATE HIRE DRIVER - REF 110145
  • Private Hire Driver - Ref 110145
RESOLVED that:-

1. 110145's Private Hire Drivers' Licence be revoked under the provisions of Section 61(1) (b) of the above mentioned Act.
2. Members were unable to determine 110145's continued medical fitness to hold a Drivers' Licence and under the provisions of Section 61(2B) of the 1976 Act resolved in the interests of public safety, that this revocation shall have immediate effect and 110145 be no longer authorised to drive Private Hire Vehicles.
10.00 - 11.00am

Preamble

ItemPreamble
L
1/13
There were no declarations of interest.
L
2/13
Consideration was given to the draft minutes of the meetings held on 11th December 2012, 15th January 2013 and 21st January 2013.
L
3/13
Members were informed that an application for the grant of a Street Trading Consent in respect of a trader who wishes to sell hot and cold food and drink in Stockton High Street which they had granted had subsequently been withdrawn by the applicant.

On the 19th March 2013 Members considered and granted an application from Mrs Noreen Riaz of Chilton House, Low Worsall, Yarm, for a Street Trading Consent to permit the sale of hot and cold food and drink from a purpose built kiosk in Stockton High Street/Dovecot Street.

The applicant had now formally withdrawn the application and would not be trading from that location.
L
4/13
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 it involved the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act.
L
5/13
The purpose of this report was to determine what action to take in respect of a Private Hire Driver who had failed to comply with Officer's requests and was currently suspended for failing to complete an annual medical declaration and submit his DVLA driving licence.

Driver Ref. 110145 took the option to apply for a licence in excess of 12 months, he was required on an annual basis to produce his DVLA driving licence and complete a declaration with regard to his medical fitness. On 17 September 2012, a letter was sent to him with regard to these requirements; a copy of this letter was provided.

110145 failed to comply with these requirements and a reminder letter was sent on 6 November 2012, a copy of this letter was provided.

Again 110145 failed to respond to the request and as a result, on 28 February 2013, his Drivers' Licence was suspended with immediate effect on the grounds of public safety. A copy of the suspension letter was provided. 110145 had subsequently failed to comply with the requirements of the suspension notice or return his driver badges.

Prior to this on 14 August 2012, a complaint was received that 110145 had attacked a fare paying customer with a baton of some kind that he had obtained from the boot of his vehicle. The complainant alleged that 110145 stopped his vehicle, obtained the baton from the boot and assaulted him with it, when the name of the complainant's father was mentioned in conversation. As a result of the information provided, 110145 Drivers' Licence was suspended with immediate effect on the grounds of public safety. A copy of this suspension notice, dated 15 August 2012, was provided. A complaint had also been made to Cleveland Police, who were investigating the matter as well as looking into counter allegations of assault made by 110145 against the complainant.

On 15 August 2012, 110145 indicated in a telephone conversation with the officer hand delivering the suspension notice, that he did not accept the suspension notice and would continue to work and would not return his badges.

This was the last direct contact that officers have had with 110145. He had not responded to further letters or telephone messages and information had been received that he may have moved to the Bradford area.

A letter was sent to 110145 on 9 October 2012 advising him to return his driver badges; a copy of this letter was provided.

On 26 November 2012, the Police closed their investigation into the alleged assault by 110145 due to insufficient evidence.

Members were respectfully reminded of the provisions of Section 61(1) of the Local Government (Miscellaneous Provisions) Act 1976 which details the grounds for a District Council to suspend or revoke a Drivers' Licence.

110145 had been invited to attend the meeting today but was not in attendance and had failed to make any contact at all with Officers with regard to the meeting.

Members noted that because 110145 had paid for a Private Hire Drivers' Licence in excess of 12 months, that he was required to complete a declaration with regard to his medical fitness and produce his DVLA licence on an annual basis. However, he had failed to complete the annual medical declaration and submit his DVLA driving licence despite receiving letters about this on 17 September 2012 and 6 November 2012. On 28 February 2013, his Drivers' Licence was subsequently suspended with immediate effect under the provisions of Section 61(1) (2B) of the above-mentioned Act. Members were concerned that once again he had failed to comply with the requirements with regard to completing the annual medical declaration and submitting his DVLA driving licence as detailed on the suspension notice and further that he had failed to return his driver badges.

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