Stockton-on-Tees Borough Council

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

Date:
Tuesday, 11th March, 2014
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 Mrs Kathryn Nelson(Vice-Chairman), Cllr Michael Clark, Cllr Evaline Cunningham, Cllr Phillip Dennis, Cllr Ken Dixon, Cllr Eileen Johnson, Cllr Miss Tina Large, Cllr Alan Lewis, Cllr Ray McCall, Cllr Maurice Perry, Cllr David Wilburn, Cllr Bill Woodhead
Officers:
S Mills, M Vaines(DNS), J Nertney, S Whaley(LD)
Apologies for absence:
Cllr Jean Kirby,
Item Description Decision
Public
L
56/13
EVACUATION PROCEDURE
 
L
57/13
DECLARATIONS OF INTEREST
 
L
58/13
MINUTES FROM THE MEETINGS WHICH WERE HELD ON THE 10TH AND 19TH DECEMBER 2013.
RESOLVED that the minutes be approved and signed as a correct record.
L
59/13
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
60/13
PRIVATE HIRE DRIVER - REF 001292
PRIVATE HIRE OPERATOR - REF 000449

  • Private Hire Driver - Ref 001292 - Private Hire Operator - Ref 000449
  • |
    Additional Information - Private Hire Driver & Operator Ref 001292 & 000449
RESOLVED that:

1. Private Hire Driver - Ref 001292's drivers licence be revoked.

2. Public safety was an issue and therefore the revocation take immediate effect under Sectioon 61(2)(B) of the Act.

3. Private Hire Driver - Ref 001292, Operators Licence - Ref 000449, be adjourned to a future meeting for consideration.
L
61/13
APPLICATION FOR A PRIVATE HIRE DRIVERS LICENCE - REF 134351
  • Application for a Private Hire Drivers Licence - Ref 134351
 
10:00am - 10:20am

Preamble

ItemPreamble
L
56/13
The evacuation procedure was noted.
L
57/13
There were no declarations of interest.
L
58/13
Consideration was given to the minutes from the meeting which was held on the 10th and 19th December 2013.
L
60/13
Consideration was given to a report on Private Hire Driver - Ref 001292, Private Hire Operator - Ref 000449 who's driver's licence was currently suspended due to medical fitness after his own GP confirmed that he no longer met the DVLA group 2 medical standards due to persistent alcohol misuse in the last 12 months and alcohol dependence in the last 3 years. When Officer's attended the drivers home address to hand deliver the suspension letter the driver became aggressive and threatening towards officers and the driver aggressively pushed an officer. This item was previously deferred from the meeting held on 11 February 2014.

Private Hire Driver - Ref 001292 was not in attendance.

The legal advisor to the Committee informed Members that Private Hire Driver 001292's solicitor Mrs McGowan, from Vickers Chisman and Wishlade Solicitors had contacted him by telephone on the morning of the meeting and advised that Private Hire Driver 001292 had been admitted to North Tees Hospital. Mrs McGowan confirmed the details in writing and a copy of the letter was provided to the Committee. Members noted that the letter requested that consideration of Private Hire Driver 0001292 Drivers and Operators Licence be adjourned until full instructions could be taken from Private Hire Driver 0001292 and that Private Hire Driver 0001292 be given the opportunity to attend a future meeting. Members considered the request and agreed to the adjournment of Private Hire Driver 0001292's Operators Licence. It was noted that there was a proposal for a new Private Hire Operator application to be submitted to the Council by a member of Private Hire Driver 0001292's family with the intention that they would become the Operator and take over management of the business. The Committee had not yet set a date for the consideration of Private Hire Driver 0001292's Operators licence however he would be contacted separately about that matter.

Members were of the opinion that the consideration of Private Hire Driver 0001292's drivers licence should not be adjourned further. The Committee agreed to proceed and consider the report in relation to Private Hire Driver 0001292 drivers licence.

The report detailed:

- Private Hire Driver - Ref 001292's background.

- Information relating to the reasons why Private Hire Driver - Ref 001292's licence had been suspended.

- The minutes from previous meetings of the Licensing Committee that related to Private Hire Driver - Ref 001292.

- A copy of Committee decision letters' from previous meetings of the Licensing Committee that related to Private Hire Driver - Ref 001292.

- A copy of a letter to Private Hire Driver - Ref 001292's GP from Stockton Borough Council.

- A copy of a letter from Private Hire Driver - Ref 001292's GP to Stockton Borough Council.

- A copy of Private Hire Driver - Ref 001292's suspension letter.

- Copies of officer statements detailing events, which occurred when hand delivering Private Hire Driver - Ref 001292's suspension letter.

Members considered all of the evidence including the report, appendices and oral evidence given. Members were asked to consider formally revoking Private Hire Driver - Ref 001292's, private hire drivers licence as the driver no longer met the DVLA group 2 medical standards which was the standard adopted by the Authority.

Members were reminded of their powers under the Local Government (Miscellaneous Provision) Act 1976.

Due to Private Hire Driver - Ref 001292 no longer satisfying the Group 2 medical standards, Members agreed on those grounds alone that there was sufficient reasonable cause to revoke Private Hire Driver - Ref 001292's licence.

Consideration was also given to the evidence concerning Private Hire Driver - Ref 001292's behaviour towards Council officers, and made a finding that Private Hire Driver - Ref 001292 was aggressive and did not act in a civil and orderly manner.

Members noted that Private Hire Driver - Ref 001292's had recently been arrested for battery and obstructing a constable and had been charged with the offence of obstructing a constable. The Committee noted that no further action had been taken in relation to the allegation of battery.

After considering all of the evidence Members concluded that each of the grounds were deemed to be sufficient reasonable cause to revoke Private Hire Driver - Ref 001292's licence under Section 61(1) (b) of the Local Government (Miscellaneous Provisions) Act 1976 and furthermore under Section 61 2B of the said Act given that Private Hire Driver - Ref 001292 did not meet the Group 2 medical standards, public safety was deemed to be a relevant consideration so the revocation had immediate effect.
L
61/13
Members were informed that the above application had been withdrawn by the applicant.

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