Stockton-on-Tees Borough Council

Big plans, bright future

Other Licensing Committee Minutes

Date:
Tuesday, 8th August, 2017
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 Mrs Kathryn Nelson (In the Chair), Cllr Derrick Brown, Cllr Chris Clough, Cllr Lynn Hall (Vice Cllr Maurice Perry), Cllr Mrs Jean O'Donnell, Cllr Lauriane Povey (Vice Cllr Evaline Cunningham), Cllr Norma Stephenson O.B.E (Vice Cllr Paul Kirton), Cllr David Wilburn, Cllr Norma Wilburn and Cllr Bill Woodhead MBE.
Officers:
Margaret Waggott, Simon Mills, Peter Bell (DCE), Jonathan Nertney (HR,L&C).
In Attendance:
Cllr Ken Dixon (Observing); Mr Sultan (Hackney Carriage Association - Representing Combined Driver - Ref 001074)
Apologies for absence:
Cllr Paul Kirton, Cllr Evaline Cunningham, Cllr Phil Dennis, Cllr Eileen Johnson, Cllr Maurice Perry and Cllr Julia Whitehill.
Item Description Decision
Public
OLC
23/17
EVACUATION PROCEDURE
The evacuation procedure was noted.
OLC
24/17
DECLARATIONS OF INTEREST
There were no interests declared.
OLC
25/17
MINUTES OF THE OTHER LICENSING COMMITTEE WHICH WAS HELD ON THE 13TH JUNE 2017
RESOLVED that the minutes of the Other Licensing Committees held on the 13th June 2017 be approved and signed by the Chair as a correct record.
OLC
26/17
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
27/17
COMBINED DRIVER - REF 001074
  • Combined Driver - Ref 001074
RESOLVED that:-

1. Combined Driver - Ref 001074 be strongly recommended to undertake a course of anger management training.

2. Combined Driver - Ref 001074 be issued with a final written warning as to his future conduct.
10.00 am to 11.00 am

Preamble

ItemPreamble
OLC
25/17
Consideration was given to the minutes of the Other Licensing Committee held on the 13th June 2017.
OLC
27/17
Consideration was given to a report that requested Members determine the continued fitness of a licensed hackney carriage and private hire driver who's licence was granted with a warning in 2011 by the Committee.

The Licensing Department had received a report from Stockton Councils Education & Transport Department that Combined Driver - Ref 001074 had been abusive to a mother at a school pick up. At this time Combined Driver - Ref 001074 was undertaking a school contract on behalf of the Council.

The report had been deferred from a previous meeting to allow the driver to obtain legal representation.

The matter was investigated by Education & Transport and their conclusion was that Combined Driver - Ref 001074 acted inappropriately displaying aggressive behaviour towards a member of public. Irrespective of any parking issues, this could have been resolved if he had communicated with the other driver in a calm and professional manner, he was advised this must not occur again. The Licensing Department was also advised that Combined Driver - Ref 001074 had resumed driving for Community Transport, but not at the school where the incident had taken place. They also advised that should he be involved in any further incidents he would be immediately removed from the approved list of drivers for School Contracts.

Combined Driver - Ref 001074's history since becoming a licensed driver was summarised within the report.

The role of the Committee was to determine whether they felt that Combined Driver - Ref 001074 remained a fit and proper person to hold a combined hackney carriage and private hire drivers licence with the Authority. Members considered Combined Driver - Ref 001074 history as a licensed driver and the details of the complaint and the witness statements.

Members were reminded of the grounds 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.

Combined Driver - Ref 001074 and his representative (Mr Sultan) were in attendance at the meeting and were given the opportunity to make representation to the Committee.

Combined Driver - Ref 001074 had been provided with a copy of the Committee report and supporting papers, which had been hand delivered to his home address prior to the meeting.

Members considered the report, appendices and oral evidence given by Combined Driver - Ref 001074 and his representative, during the meeting.

Members noted Combined Driver - Ref 001074 had a history of complaints and a previous revocation 2005 for a serious assault. Combined Driver - Ref 001074 reapplied for a licence in 2009 but was refused a licence by the Licensing Committee. Combined Driver - Ref 001074 applied again and was granted a licence in 2011.

Combined Driver - Ref 001074 provided an account of the event to Members and although there were some differences in the evidence of this incident Combined Driver - Ref 001074 did accept that he should have handled the situation better. Members were satisfied that Combined Driver - Ref 001074 had lost his temper.

On this occasion Members took a step back from revoking Combined Driver - Ref 001074 licence and decided to issue him with a final written warning, which would remain on his file. This was Combined Driver - Ref 001074 last opportunity to ensure that he was not brought before the Committee again.

Members strongly recommended that Combined Driver - Ref 001074 receive some anger management training.

Members also reminded Combined Driver - Ref 001074 that if there were any further complaints or concerns regarding his conduct, temper or attitude then he would be brought back before the Committee, where Members may see fit to revoke his licence with the Authority.

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