Stockton-on-Tees Borough Council

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

Date:
Thursday, 1st August, 2013
Time:
10.00am
Place:
Room J, Education Centre, Junction Road, Stockton-on-Tees. TS20 1PR
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Paul Kirton (Chair); Cllr Michael Clark, Cllr Phillip Dennis, Cllr Eileen Johnson, Cllr Jean Kirby, Cllr Miss Tina Large, Cllr Alan Lewis, Cllr Ray McCall, Cllr Maurice Perry, Cllr David Wilburn and Cllr Bill Woodhead.
Officers:
J Nertney, T Harrison (LD); P Edwards (DNS).
In Attendance:
Private Hire Driver 121373 and Private Hire Driver 123565.
Apologies for absence:
Cllr Evaline Cunningham, Cllr Ken Dixon and Cllr Mrs Kathryn Nelson.
Item Description Decision
Public
L
11/13		 DECLARATIONS OF INTEREST
 There were no interests declared.
L
12/13		 MINUTES OF THE MEETING HELD ON 11TH FEBRUARY 2013, 19TH FEBRUARY 2013 AND 19TH MARCH 2013 FOR CONFIRMATION AND SIGNATURE BY THE CHAIR
 The minutes of the meeting held on 11th February 2013, 19th February 2013 and 19th March 2013 were confirmed and signed by the Chair.
L
13/13		 EXCLUSION OF THE PUBLIC
 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.
Confidential
L
14/13		 PRIVATE HIRE DRIVER - 121373
  • Private Hire Driver - 121373
Preamble
RESOLVED that Private Hire Driver - 121373's licence be
revoked under Section 61(1)(b) of the Local Government (Miscellaneous) Provisions Act 1976.
L
15/13		 PRIVATE HIRE DRIVER - 123565
  • Private Hire Driver - 123565
Preamble
RESOLVED that Private Hire Driver - 123565 be issued with a written warning.
10.00 am - 12 noon

Preamble

ItemPreamble
L
14/13		Members were informed that Private Hire Driver - 121373 was not in attendance at the meeting. A copy of the report and supporting papers had been hand delivered to Private Hire Driver - 121373's home address. Members were reminded that Private Hire Driver - 121373 was not in attendance at the meeting held on 4 July 2013, when the item was deferred to enable him to attend a future meeting. It was noted that Private Hire Driver - 121373 had not contacted the Council to advise of a reason for his non attendance at this meeting or the previous meeting. Members therefore decided to consider the matter in his absence.

Consideration was given to a report on a Private Hire Driver who since the grant of his licence had a complaint regarding his manner of driving and had failed to attend the Licensing Office to discuss the complaint and also failed to attend the Licensing Committee hearing on Thursday 4 July 2013 without prior notification and Members resolved to suspend his licence until resolution of the matter.

The report detailed:-

* The Private Hire Driver's background
* The details of the complaint

Members were reminded of their powers under the provisions of Section 61(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976 and of the power to suspend or revoke a licence with immediate effect if the interests of public safety so require.

A copy of the Council guidelines on the relevance of convictions was attached to the report.

Also attached to the report was documentation / correspondence that was relevant in the consideration of the matter.

Members had regard to the complaint received regarding Private Hire Driver - 121373's manner of driving. After considering the evidence Members found that on the balance of probabilities Private Hire Driver - 121373's driving was not to a standard expected of a licensed driver and that his driving and manner were not in accordance with his driver licence conditions which required him to behave in a civil and orderly manner at all times.
L
15/13		Consideration was given to a report on the fitness of Private Hire Driver - 123565 who since the grant of his licence had a complaint about his conduct.

The report detailed:-

* The Private Hire Driver's background
* The details of the complaint

Members were reminded of their powers under the provisions of Section 61(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976 the Council may suspend or revoke or refuse to renew the licence of a hackney carriage and/or private hire driver and of the power to suspend or revoke a licence with immediate effect if the interests of public safety so require.

A copy of the Council guidelines on The Relevance of Convictions was attached to the report.

Also attached to the report was documentation / correspondence that was relevant in the consideration of the matter.

Members had regard to the report and attached appendices, copies of which had been given to Private Hire Driver - 123565 prior to the meeting. Members also listened carefully to what Private Hire Driver - 123565 and his representative had to say with regard to the matters disclosed.

Members heard evidence from the complainant who was also in attendance at the meeting.

After considering all of the evidence Members were satisfied that the manner in which Private Hire Driver - 123565 had conducted himself was not fit and proper behaviour for a licensed driver.

Members were of the view that there were sufficient grounds to question Private Hire Driver - 123565's continued fitness but Members decided on this occasion to issue Private Hire Driver - 123565 with a written warning and to remind Private Hire Driver - 123565 as to his future conduct as such behaviour would not be tolerated. Licensed drivers were expected to demonstrate a high standard of driving and to behave in a civil and orderly manner at all times.

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