APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE
To consider
an application by Mr A
(separate
copy for sub-committee members only)
Decision:
That the applicant is a fit and
proper person to be issued with a hackney vehicle/private hire driver's licence
from Gwynedd Council.
Minutes:
a) The Chair welcomed everyone to the
meeting. He explained that the decision would be made in accordance with
Gwynedd Council's licensing policy. It was noted that the purpose of the policy
was to set guidelines for the criteria when considering the applicant's
application, with the aim of protecting the public by ensuring that:
• The person is a fit and proper
person
• The person does not pose a
threat to the public
• The public are safeguarded from
dishonest persons
• Children and young people are
protected
• Vulnerable persons are
protected
• The public have confidence in
using licensed vehicles.
The Licensing Officer presented a
written report on an application received from Mr A for a hackney
carriage/private hire driver's licence. The Sub-committee was requested to
consider the application in accordance with the DBS record, the guidelines on
criminal offences and relevant convictions. The Licensing Authority had
recommended that the Sub-committee should refuse the application.
The applicant and his prospective
employer were invited to expand on the application and provide information
about the background of the convictions and the applicant's personal
circumstances. The applicant’s prospective employer explained that the
incidents that were recorded on the DBS were historical incidents that had
occurred when Mr A went through a difficult period as a teenager. He added that
he was aware of his background and that he had discussed the matter with the
applicant's other employer and had been provided with a reference, and that he
was willing to give him a chance.
b) RESOLVED that the applicant was a fit
and proper person to be issued with a hackney /private hire vehicle driver's
licence from Gwynedd Council.
c) In reaching
its decision, the Sub-committee had considered the following:
• The requirements of 'Gwynedd
Council's Licensing Policy for Hackney Carriages and Private Hire
Vehicles'
• the
applicant's application form
• the
Licensing Department's report and the DBS statement
• the
applicant and his prospective employer's verbal representations
ch) Specific consideration was given to the following matters
In April 1999, the applicant was
found guilty by Tameside Magistrates Court on three charges: taking a vehicle
without permission (contrary to s12 (1) Theft Act 1968); driving contrary to
the conditions of a driving licence (contrary to s87 (1) Road Traffic Act 1988)
and using a vehicle without insurance (contrary to s143 (2) Road Traffic Act
1988). He received a conditional
discharge for 12 months, a 7-point endorsement on his licence and an order to
pay costs of £55.00.
In May 2001 the applicant was
found guilty by Mold Magistrates Court on a charge of
destroying or damaging property (contrary to s1 (1) Criminal Damages Act 1971).
He received a fine of £50.00, an order to pay costs of £40.00 and damages of
£50.00.
In February 2003 he was found guilty by Conwy Magistrates Court on two charges of using a vehicle without insurance, (contrary to s143 (2) Road Traffic Act 1988) and driving while disqualified (contrary to s103 (1) (B) ... view the full minutes text for item 5