Stockton-on-Tees Borough Council

Big plans, bright future

Other Licensing Committee Minutes

Date:
Tuesday, 17th April, 2018
Time:
10:00 am
Place:
Council Chamber, 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 Chris Clough, Cllr Norma Stephenson (MBE) (Sub Cllr Evaline Cunningham), Cllr Elsi Hampton, Cllr Eileen Johnson, Cllr Mrs Jean O'Donnell, Cllr Maurice Perry, Cllr Julia Whitehill, Cllr David Wilburn, Cllr Norma Wilburn, Cllr Bill Woodhead MBE
Officers:
Jonathan Nertney (DHR&LC), Craig Barnes, Simon Mills, Sarah Whaley (DCE)
In Attendance:
Private Hire Driver - Ref 140706
Apologies for absence:
Cllr Derrick Brown, Cllr Evaline Cunningham, Cllr Ken Dixon,
Item Description Decision
Public
OLC
1/18
EVACUATION PROCEDURE
 
OLC
2/18
DECLARATIONS OF INTEREST
 
OLC
3/18
MINUTES FROM THE OTHER LICENSING COMMITTEE MEETING WHICH WAS HELD ON THE 23RD JANUARY 2018.
RESOLVED that the draft minutes of the Other Licensing Committee meeting which was held on the 23rd January 2018 be approved and signed as a correct record by the Chairman.
OLC
4/18
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
OLC
5/18
PRIVATE HIRE DRIVER - REF 110169
  • Private Hire Driver - Ref 110169
RESOLVED that Private Hire Driver - Ref 110169's hearing be adjourned to the next available meeting of the Other Licensing Committee.
OLC
6/18
PRIVATE HIRE DRIVER - 140706
  • Report (226K/bytes)
  • |
    Appendix 1 (403K/bytes)
  • |
    Appendix 2 (636K/bytes)
  • |
    Appendix 3 (314K/bytes)
  • |
    Appendix 4 (2M/bytes)
  • |
    Appendix 5 (133K/bytes)
RESOLVED that Private Hire Driver - Ref 140706 Licece be revoked for the reasons as detailed above.

Preamble

ItemPreamble
OLC
1/18
The Evacuation Procedure was noted.
OLC
2/18
There were no declarations of interest.
OLC
3/18
Consideration was given to the draft minutes from the Other Licensing Committee meeting which was held on the 23rd January 2018 for approval and signature.
OLC
5/18
Members were asked to consider a report and determine what action to take in relation to the continued fitness of a driver who had allegedly held a young female in his vehicle against her will and had then taken her mobile phone from
her; two passers-by had to intervene as the female was so distraught.

Private Hire Driver - Ref 110169 had contacted a Solicitor to seek representation at the meeting. The Solicitor had contacted Stockton Borough Councils Licensing explaining that he was unable to attend the meeting owing to other conflicting commitments and requesting an adjournment in order to enable him to attend the meeting to represent his client.

Members agreed to adjourn the item to the next available meeting of the Other Licensing Committee with some reluctance due to the nature of the accusation.
OLC
6/18
Members were asked to consider a report and determine what action to take in relation to Private Hire Driver - Ref 140706 who had his licence granted with a warning due to previous historical convictions and since the grant of his licence, had had complaints made against him regarding his driving / conduct.

Private Hire Driver - Ref 140706 attended the meeting and was given the opportunity to make representation. Papers had been provided with a copy of the committee report prior to the meeting.

The report detailed the following:

- Details of complaints made against Private Hire Driver - Ref 140706.

- A copy of a warning letter to Private Hire Driver - Ref 140706 dated 10th June 2015.

- A copy of a warning letter to Private Hire Driver - Ref 140706 dated 12th January 2017,

- A copy of emails from complainants.

- A copy of a summary transcript interview with Private Hire Driver - Ref 140706.

The Committee noted that Private Hire Driver - Ref 140706 had previously received a final written warning in January 2017. This was following a complaint that had been received from a female member of the public concerning an incident in Yarm High Street. The complaint was regarding Private Hire Driver - Ref 140706 behaving in an aggressive manner towards a female who had two teenage children in her vehicle. Private Hire Driver - Ref 140706 had exited his vehicle and approached the female causing her to feel threatened. Following an interview Private Hire Driver - 140706 accepted his behaviour was not appropriate and he received final written warning.

The Council had received a further two complaints from members of the public, both of which were received in December 2017. The Committee had regard to all of the evidence contained within the Committee report and considered what Private Hire Driver - 140706 had to say during the meeting. The Committee noted that Private Hire Driver - Ref 140706's recollection of the incidents were muddled at best. Following questioning Private Hire Driver - Ref 140706 accepted that he could not really remember specific details of the incidents. The Committee noted that both complainants had given some detail of the incidents involving Private Hire Driver - Ref 140706 which had led them to complain to the Council. The Committee was satisfied on the balance of probabilities that Private Hire Driver - Ref 140706 did act in the manner alleged by the complainants.

The Committee took into account Private Hire Driver - Ref 140706's previous history and the fact that he had been found to have acted in an inappropriate manner towards members of the public the Committee found that there was sufficient reasonable cause to revoke Private Hire Driver - Ref 140706's licence under Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976.

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