APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE
To consider an application by Mr B
(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:
The Licensing
Manager submitted a written report on the application received from Mr B for a
hackney/private hire vehicle driver’s licence. The Sub-committee was requested to consider the application according to the
DBS record, the guidelines on criminal offences and relevant convictions. The
Licensing Authority recommended that the Sub-committee approved the
application.
The applicant was invited to expand on his
application and provide information about the background of the offences and
his personal circumstances. He explained that the convictions from 2001 were
all the result of not receiving professional advice in an attempt to save his
family business assets. He provided a full explanation of the situation
together with information about the traffic offences. He noted that he worked
with people with learning disabilities, and his aim was to offer a transport
service to them and seek the appropriate qualification to be able to do so.
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.
In reaching its decision, the Sub-committee 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 report of the Driver and Vehicle Licensing
Agency
·
the applicant's verbal representations
·
The Driver and Vehicle Licensing Agency's
guidelines
Specific consideration was given to the following
matters:
In 1998 the applicant was disqualified from driving for 28 days
after an incident of speeding at 107mph on the M6 motorway.
In May
2001, the applicant was found guilty by Mold
Crown Court on a series of 10 charges.
One charge of an undischarged bankrupt participating in, or involved with
promoting or managing a company contrary to s11 of the Company Directors
Disqualification Act 1986. Two charges
of being involved in or of undertaking business with the intention of
defrauding creditors, contrary to s458 of the same Act. Seven charges of
obtaining property by deception, contrary to s15 of the Theft Act 1968. He
received a two year prison sentence on one of the
charges of obtaining property by deception, together with concurrent prison
sentences on the other charges. He was also banned for
5 years from becoming a company director.
In September 2015
he received a SP30 for speeding (57mph in a 50mph zone on the A55 dual
carriageway) – he received 3 penalty points on his driver's licence.
Paragraph 2.2 of the Council's Policy was considered, which states that a person with a conviction for a serious offence need not be automatically barred from obtaining a licence, but he will be expected to have been free of any conviction for an appropriate period as stated in the Policy, and to show evidence that he is a fit and proper person to hold a licence. The onus was on the applicant to prove that he was a fit and proper person. Paragraph 2.4 states that when an applicant has a conviction(s) or there are other ... view the full minutes text for item 5