Stockton-on-Tees Borough Council

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Other Licensing Committee (ceased to operate 22/05/2019) Minutes

Date:
Monday, 12th November, 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 Derrick Brown, Cllr Chris Clough, Cllr Evaline Cunningham, Cllr Ken Dixon, 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 (HR,L&C), Kirsty Wannop, Sarah Whaley, John Wynn (DCE)
Apologies for absence:
Cllr Elsi Hampton
Item Description Decision
Public
OLC
37/18
EVACUATION PROCEDURE
 
OLC
38/18
DECLARATIONS OF INTEREST
 
OLC
39/18
MINUTES FROM THE OTHER LICENSING COMMITTEE WHICH WAS HELD ON THE 21ST AUG 2018
RESOLVED that the minutes be approved and signed as a correct record by the Chairman.
OLC
40/18
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
41/18
PRIVATE HIRE DRIVER APPLICATION - 146204
  • Report (42K/bytes)
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    Appendix 1 (3M/bytes)
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    Appendix 2 (159K/bytes)
RESOLVED that the application be withdrawn.
OLC
42/18
COMBINED DRIVER APPLICATION - 062557
  • Report (78K/bytes)
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    Appendix 1 (6M/bytes)
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    Appendix 2 (445K/bytes)
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    Appendix 3 (200K/bytes)
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    Appendix 4 (331K/bytes)
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    Appendix 5 (156K/bytes)
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    Appendix 6 (156K/bytes)
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    Appendix 7 (44K/bytes)
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    Appendix 8 (97K/bytes)
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    Appendix 9 (101K/bytes)
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    Appendix 10 (92K/bytes)
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    Appendix 11 (85K/bytes)
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    Appendix 12 (166K/bytes)
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    Appendix 13 (36K/bytes)
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    Appendix 14 (162K/bytes)
RESOLVED that the application be refused for the reasons as detailed above.
OLC
43/18
COMBINED HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER - 074134
  • Report (48K/bytes)
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    Appendix 1 (2M/bytes)
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    Appendix 2 (2M/bytes)
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    Appendix 2 (358K/bytes)
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    Appendix 3 (214K/bytes)
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    Appendix 4 (63K/bytes)
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    Appendix 5 (66K/bytes)
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    Appenidx 5 (69K/bytes)
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    Appendix 6 (163K/bytes)
RESOLVED that application be deferred.

Preamble

ItemPreamble
OLC
37/18
The Evacuation Procedure was noted.
OLC
38/18
There were no declarations of interest.
OLC
39/18
Consideration was given to the minutes of the Other Licensing Committee meeting which was held on the 21st August 2018 for approval and signature.
OLC
41/18
Members were asked to consider and determine what action to take in relation to a private hire driver application from Private Hire Driver Application - Ref 146204 who had been convicted of a relevant offence.

Members heard that Private Hire Driver Ref - 146204 had withdrawn his application, therefore there was no application to consider.
OLC
42/18
Members were asked to consider a report and determine what action to take in relation to the continued fitness of Combined Driver Application - Ref 062557 who had failed to renew a previous combined hackney carriage and private hire drivers licence with this authority and had also been convicted of a relevant offence.

Applicant - Ref 062557 was not in attendance at the meeting however the committee were made aware of an e-mail dated 8th November 2018 which had been received from Applicant - Ref 062557's Solicitor, Mr Ross of Hawkins Ross Solicitors.

Mr Ross explained that Applicant - Ref 062557 would like his case to be dealt with at the meeting on 12th November, in the absence of his solicitor, but that Applicant - Ref 062557 would attend the hearing himself.

When Applicant - Ref 062557's item was due to be heard, the Committee agreed to stand Applicant - Ref 062557's matter down for a short time in case he had been delayed.

The Committee asked Officers to enquire as to whether Applicant - Ref 062557 had left a message informing of a reason for his non-attendance. No message had been received and as the Committee were satisfied that Applicant - Ref 062557 was aware of the hearing date and time, they proceeded to consider the application in his absence.

Committee papers and reports had been provided to all parties prior to the meeting.

The report detailed the following:

- A copy of the application.

- A copy of Applicant Ref - 062557's DVLA licence summary.

- A copy of a summary transcript of an interview with Applicant Ref - 062557.

- Information relating to a court hearing at Gateshead Magistrates Court.

- Copies of various letters to Applicant Ref - 062557.

- A copy of a statement provided by a Middlesbrough council officers.

The role of the Committee was to determine if Applicant - Ref 062557 was considered a fit and proper person to be granted a combined hackney carriage and private hire drivers licence with this Authority.

The Committee had regard to all of the evidence presented within the report and appendices.

The Committee considered Applicant - Ref 062557's previous history as set out in the Committee report and the background to his current application.

The Committee considered the matter on the civil burden of proof, namely on the balance of probabilities and made the following findings:-

Applicant - Ref 062557's application was dated and signed by him on 13th June 2018 and had been date stamped as received by the Council on 19th June 2018;

Applicant - Ref 062557 had ticked ‘NO' when asked to declare whether he had ever been convicted of any offence;

Applicant - Ref 062557 had ticked ‘NO' when asked to declare whether he had ever had any summons served on him for any offence;

The Committee noted that Applicant - Ref 062557 had been convicted before Gateshead Magistrates Court on 17th May 2018 for the offence of driving without insurance (IN10) committed on 3rd September 2017. Applicant Ref was fined 660.00, ordered to pay a victim surcharge of 66.00 and costs to the Crown Prosecution Service of 85.00;

The Committee noted that Applicant - Ref 062557 had initially pleaded not guilty to this offence on 28th March 2018 but had changed his plea to guilty and was convicted and sentenced on 17th May 2018;

The Committee were satisfied that Applicant - Ref 062557 was aware of this conviction when signing and dating his application form on 13th June 2018 considered his failure to declare this was dishonest and a matter of concern to the Committee and a relevant factor in determining whether he was a fit and proper person;

The Committee found that Applicant - Ref 062557's attitude when being interviewed by officers evasive and obstructive by refusing to provide honest and open answers to a number of questions put to him. This was also relevant in considering whether Applicant - Ref 062557 was a fit and proper person;

The Committee noted that when Applicant - Ref 062557 had been licensed previously he had had a lengthy disciplinary history and had received numerous written warnings. Applicant - Ref 062557 had also been given other opportunities to address his behaviour by attending the driver improvement course on more than one occasion. The Committee noted that Applicant - Ref 062557's previous licence had expired on 31 January 2018 and that at that time a decision had been taken that Applicant - Ref 062557 should be referred to the Licensing Committee in relation to his continued fitness. Applicant - Ref 062557's licence had expired before that could be arranged.

The previous disciplinary history was in the opinion of the Committee sufficient cause to find that Applicant - Ref 062557 was not a fit and proper person to hold a drivers licence with this Authority. Furthermore Applicant - Ref 062557's recent IN10 conviction was classed as a major traffic offence under the Councils Policy Guidelines and would normally be expected to show a period of four years free from conviction before being considered fit and proper. The Committee had no reason to depart from their policy guidelines and were satisfied that Applicant - Ref 062557 was not a fit and proper person to hold a drivers licence and his application was refused.

Under Section51(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976 the Committee resolved to refuse Applicant - Ref 062557's application for a licence as he was not deemed to be a fit and proper person at this time.
OLC
43/18
Members were asked to consider a report and determine what action to take in relation to Combined Hackney Carriage and Private Hire Driver - 074134, who had had a complaint made against him by a customer and also a parking attendant.

Combined Hackney Carriage and Private Hire Driver - 074134 was not in attendance at the meeting however the committee were made aware of an e-mail dated 8th November 2018 which had been received from Combined Hackney Carriage and Private Hire Driver - 074134's Solicitor, Mr Ross of Hawkins Ross Solicitors.

Mr Ross had informed the committee that he was unable to attend the Committee Meeting on the 12th November to represent his client and respectfully requested Members defer the hearing to a future date of the Other Licensing Committee.

The Committee agreed to defer the hearing.

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