APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE
To consider
an application by Miss A
(separate
copy for sub-committee members only)
Decision:
Minutes:
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
• The
safeguarding of vulnerable persons
• The
public have confidence in using licensed vehicles.
The Licensing Officer presented a written report on
the application received from Miss A for a hackney/private hire vehicle
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, and also the Driver and Vehicle Licensing Agency's
report. The Licensing Authority recommended that the Sub-committee approve the
application.
The applicant was invited to expand on the
application and provide information about the background of the endorsements on
the licence and her personal circumstances. She admitted that she had not
submitted the details of her new address to the Driver and Vehicle Licensing
Agency and had not informed the Licensing Department about serious traffic
offences - she noted that at the time she had been moving house and she
acknowledged her oversight.
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, the DBS statement
and the DVLA's report
· the applicant's verbal
representations
· The Driver and Vehicle
Licensing Agency's guidelines
Specific consideration was given to the
following matters:
In April 2020, the applicant had received six penalty
points for failing to provide information relating to driver identity.
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 would normally be expected to remain free of any conviction for an
appropriate period as stated in the Policy, and to show evidence that the
individual was a fit and proper person to hold a licence. The onus was on the
applicant to prove that they were a fit and proper person. Paragraph 2.4 states
that when an applicant has a conviction(s) or there are other related matter(s)
to be considered in connection with that, the Council cannot review the merits
of the conviction or other matter.
Paragraph 4.5 was
considered which states that the Rehabilitation of Offenders Act 1974
(Exceptions) (Amendment) Order 2002 allows the Sub-committee to take into account all convictions recorded against an
applicant, whether spent or otherwise, under the 1974 Act.
Section 12 of the Policy relates to driving ... view the full minutes text for item 5