Issue - meetings

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.

The Chair welcomed everyone to the meeting. He highlighted that the decision would be made in accordance with Cyngor Gwynedd'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 safeguarded

•       Vulnerable people are safeguarded

•       The public can be confident in using licensed vehicles

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 in accordance with the relevant convictions. It was noted that the applicant was a Licensed Hackney/Private Hire Driver until 02-01-2023, but he did not renew his licence. It was reiterated that he had not stated his penalty points on his application, but he had written a note stating that he had six penalty points.

The Licensing Authority recommended that the Sub-committee should approve the application.

The applicant was invited to expand on the application and provide information about the background of the penalty points that he received for speeding. He noted that he accepted that both cases were close to each other and apologised for that. He reiterated that the reason for this was lack of concentration - doing 33mph in one case and 34mph in another case in a 30mph zone.

RESOLVED that the applicant was a fit and proper person to be issued with a hackney/private hire vehicle driver's licence from Cyngor Gwynedd.

In reaching its decision, the Sub-committee considered the following:

·      The requirements of 'Cyngor Gwynedd's Licensing Policy for Hackney Carriages and Private Hire Vehicles'

·      The report of the Licensing Department

·      DBS Statement

·      The report of the Driver and Vehicle Licensing Agency (DVLA)

·      The applicant's application form 

·      Verbal observations by the applicant

Specific consideration was given to the following matters

Background

In February 2022, the applicant received three penalty points (SP30) for breaching the speed limit on a public road - these points expire in February 2025. 

In December 2022, the applicant received three penalty points (SP30) for breaching the speed limit on a public road - these points expire on 19 December 2025.

RELEVANT CLAUSES OF THE POLICY

Paragraph 2.2 of the Council's Policy was considered, which stated that a person with a conviction for a serious offence need not be automatically barred from obtaining a licence, but would be expected to have been free of any conviction for an appropriate period as stated in the Policy, and to show evidence that he was a fit and proper person to hold a licence. The applicant had a responsibility to prove that he was a fit and proper person. Paragraph 2.4 stated that when an applicant had a conviction(s) or there were other matter(s) to  ...  view the full minutes text for item 6