APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE
To consider
an application by Mr A
(separate
copy for sub-committee members only)
Decision:
Minutes:
The Chair welcomed everyone
to the meeting. She explained that the decisions 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 the application received from Mr A 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 had recommended that the
Sub-committee should refuse the application.
In response to the applicant's
observation that the conviction had surpassed the period noted in the policy,
the Licensing Manager noted the rights of the Sub-Committee to consider every
conviction on the DBS record. Although the applicant’s frustration was accepted
it was added that the Council’s Policy was to consider every conviction in
order to provide a clear and comprehensive picture of the background. The Sub-committee's priority was the public's
safety and by weighing up all the evidence it was possible to determine whether
the applicant was a fit and proper person for the post.
The applicant was invited to expand on his
application and provide information about the background of the offences and
his personal circumstances. He noted
that he was remorseful, and had improved his behaviour, and following the
incident in 2018 he had learnt a lesson by calling the Police and keeping a
record of every incident in a diary. He
noted that he had driven buses for 27 years and that the complaint wasn't
regarding his attitude or his driving.
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
applicant's verbal representations
·
The
Driver and Vehicle Licensing Agency's guidelines
Specific consideration was given to the
following matters:
In October 2010, the applicant was found guilty by
Gwynedd Magistrates Court of using threatening, aggressive/insulting language,
or behaving with the intention of causing distress or harassment, contrary to
the Public Order Act 1986. He was fined
£200, ordered to pay costs of £85 and additional costs of £15.
In November 2018, the applicant was found guilty by North West Wales Magistrates Court of using threatening, aggressive/insulting language likely to cause harassment, alarm or distress contrary to the Public Order Act 1986. He was fined £100, ordered to pay costs of £85 and ... view the full minutes text for item 5