Stockton-on-Tees Borough Council

Big plans, bright future

Other Licensing Committee Minutes

Date:
Tuesday, 12th June, 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 Elsi Hampton, Cllr Eileen Johnson, Cllr Maurice Perry, Cllr Julia Whitehill, Cllr David Wilburn, Cllr Norma Wilburn, Cllr Bill Woodhead MBE
Officers:
Jonathan Nertney (DHRL&C), Polly Edwards, Simon Mills, Margaret Waggott, Kirsty Wannop, Sarah Whaley (DCE)
In Attendance:
Private Hire & Hackney Carriage Driver - Ref 070584 and his brother, Private Hire Driver - Ref 141491 and his legal representative Mr David Wilson.
Apologies for absence:
Cllr Ken Dixon, Cllr Mrs Jean O'Donnell
Item Description Decision
Public
OLC
16/18		 EVACUATION PROCEDURE
Preamble
 
OLC
17/18		 DECLARATIONS OF INTEREST
Preamble
 
OLC
18/18		 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.
OLC
19/18		 ANY OTHER BUSINESS
Preamble
RESOLVED that the information be noted.
Confidential
OLC
20/18		 PRIVATE HIRE & HACKNEY CARRIAGE DRIVER - REF 070584
  • Private Hire & Hackney Carriage Driver - Ref 070584
Preamble
RESOLVED that Private Hire & Hackney Carriage Driver - Ref 070584 be issued with a severe written warning for the reasons as detailed above.
OLC
21/18		 PRIVATE HIRE DRIVER - 141491
  • Priavte Hire Driver - 141491
Preamble
RESOLVED that Private Hire Driver - Ref 141491 be issued with a written warning for the reasons as detailed above.

Preamble

ItemPreamble
OLC
16/18		The Evacuation Procedure was noted.
OLC
17/18		There were no declarations of interest.
OLC
19/18		The Assistant Director of Administration Democratic and Electoral Services addressed the Committee and provided an update on the progress made to ensure that residents were informed of licensing applications via the 'My Stockton' Website. It was noted that notification letters would no longer be sent to residents within a 100 metre radius of a premise to which a licensing application under the Licensing Act 2003 related. It was noted that there was no statutory requirement that consultation letters should be sent by the Authority.

In accordance with the Statutory requirements notification of consultations under the Licensing Act 2003 would still be made by advertising the application within the licensed premise itself and via an advert being placed in the local press.

Members were informed there was a licensing portal on the stockton.gov.uk website under 'My Stockton' where representation could be made. Should any persons wishing to make representation not have access to a PC, then this could be done via a letter.

Members attention was drawn to National Licensing Week which Stockton was participating in this year, a list of activities was available on the website.
OLC
20/18		Members were asked to consider a report and determine what action to take in relation to the continued fitness of a Private Hire Driver who had pleaded guilty to breaching a court order, in relation to a forced marriage protection order, and had received a suspended sentence from Newcastle Crown Court.

Private Hire & Hackney Carriage Driver - Ref 070584 was in attendance at the meeting along with his brother for support. Private Hire & Hackney Carriage Driver - Ref 070584 was provided with committee papers which included a copy of the committee report prior to the meeting and was given the opportunity to make representation.

The report detailed the following:

- A copy of a bail form.

- A copy of a solicitor's letter.

- A copy of various letters detailing a number of incidents involving Private Hire & Hackney Carriage Driver - Ref 070584.

The Committee considered the report, appendices and oral evidence given by Private Hire & Hackney Carriage Driver - Ref 070584 at the meeting. The role of the Committee was to determine if Private Hire & Hackney Carriage Driver - Ref 070584 was considered a fit and proper person to remain a combined hackney carriage and private hire driver with this Authority.

Private Hire & Hackney Carriage Driver - Ref 070584 provided his account of the event to the Committee and although Private Hire & Hackney Carriage Driver - Ref 070584 stated he was not taking the children to Pakistan for an arranged marriage, he did plead guilty in Court to breaching the Court Order and received a suspended prison sentence.

The Committee took a very dim view of Private Hire & Hackney Carriage Driver - Ref 070584's conviction for breaching a Court Order, namely Private Hire & Hackney Carriage Driver - Ref 070584's breach of a Forced Marriage Protection Order. The Committee gave consideration as to whether there were sufficient grounds to revoke Private Hire & Hackney Carriage Driver - Ref 070584's licence. It was noted that Private Hire & Hackney Carriage Driver - Ref 070584 had a disciplinary record but that the last matter was in 2012.

On this occasion the Committee decided to take a step back from revoking Private Hire & Hackney Carriage Driver - Ref 070584's licence and determined that he would be issued with a severe written warning. Private Hire & Hackney Carriage Driver - Ref 070584 was reminded that he must comply with any Order of the Court. Both the Courts and the Committee took any breach of a Court Order extremely seriously.

Private Hire & Hackney Carriage Driver - Ref 070584 was informed that should he have cause to appear before the Committee in the future then Private Hire & Hackney Carriage Driver - Ref 070584's licence could be at risk and he was therefore reminded that he must behave in a fit and proper manner at all times.
OLC
21/18		Members were asked to consider and determine what action to take in relation to a renewal application from Private Hire Driver - Ref 141491 who had been convicted of driving without insurance during the process of his application and also failing to notify this Authority of his conviction.

Private Hire Driver - Ref 141491 was in attendance at the meeting alongside his legal representative Mr David Wilson. Private Hire Driver - Ref 141491 and his legal representative were provided with committee papers which included a copy of the committee report prior to the meeting and given the opportunity to make representation.

The report detailed the following:

- A copy of a renewal application.

- A copy of a DVLA mandate.

The Committee had regard to all of the evidence including that contained within the Committee report and that given orally by Private Hire Driver - 141491 and his legal representative. The Committee had regard to Private Hire Driver - 141491's explanation as to why he had received an IN10 conviction. Under the Council guidelines on relevance of convictions this was classed as a major traffic offence. The Committee noted that the offence had not been committed by Private Hire Driver - 141491 in a taxi or private hire vehicle but while he was driving his own car delivering takeaway food.

It was noted that Private Hire Driver - Ref 141491 held insurance to drive his vehicle but the vehicle wasn't insured for business use. The Committee noted that Private Hire Driver - Ref 141491 had no previous convictions on his licence and neither had there been any previous complaints against Private Hire Driver - Ref 141491.

The Committee carefully considered their decision as to whether they were satisfied, at this time, that Private Hire Driver - Ref 141491 was a fit and proper person to continue holding a Private Hire Driver's licence with this authority.

The Committee decided on this occasion to take a step back from revoking Private Hire Driver - Ref 141491's licence and to issue him with a written warning.

The Committee reminded Private Hire Driver - Ref 141491 that he was expected to demonstrate high standards as a professional licensed driver and that Private Hire Driver - Ref 141491 should ensure he did so in future and that the Committee did not have cause to see him before the Committee again.

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