Issue - meetings

To consider an application by Mr A

(separate copy for sub-committee members only)

DECISION

That the applicant was not 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 explained 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 was a fit and proper person

• The person did not pose a threat to the public

• The public were safeguarded from dishonest persons

• Children and young people were protected

• Vulnerable persons were protected

• The public had confidence in using licensed vehicles.

The Licensing Manager presented the written report on the application received from Mr A for a hackney/private hire driver’s licence. ⁠The Sub-committee was requested to consider the application in accordance with the relevant convictions.

It was recommended that the Licensing Authority gave Mr A an opportunity to explain the background of the incident and offer valid reasons to the Sub-committee about why he believed that he was now a 'fit and proper' person to receive a hackney licence. If the Sub-committee following that, was not convinced that the applicant was a 'fit and proper' person, then it was recommended that the application was refused because it was contrary to clause 6.1 and 6.2 of the Council's Suitability Criteria for Drivers and Operators.

The applicant's representative was invited to expand on the application and provide information about the background of the conviction and the applicant's personal circumstances.  It was noted that the incident had been acknowledged by the officers at the Licensing Unit, but it was alleged that the other individual had been hit first. It was added that the individual's behaviour towards the applicant had been unacceptable on many occasions, and that the applicant had tried to call the Police, but they were unable to respond in time. However, it was explained that the other individual had also been prosecuted and convicted for the same crime.

Two references were submitted for the character of the applicant along with brief descriptions of this judgement in the Court.

It was agreed to share a video of the incident.

It was noted that the applicant did not have no other convictions or other matters to be considered and that driving a taxi was his livelihood (he had a licence since 2018). This was an isolated incident, contrary to his character; there was no pattern of inappropriate behaviour, and the applicant had already received a punishment from the Court for his behaviour.

In response to a question regarding how the applicant could convince the Sub-committee that he was a fit and proper person, it was noted that this was one incident and he had not been a part of any dispute prior to this, and that he was not a violent man.

In response to an observation that the applicant's documents had been sent to the incorrect address, the Licensing Manager noted that the Licensing Unit had not received the new updated  ...  view the full minutes text for item 5