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.

 

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 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 protected

• Vulnerable persons are protected

• The public have confidence in using licensed vehicles.

 

The Licensing Manager submitted the written report on the application received from Mr A to renew a hackney/private hire driver’s licence. The Sub-committee was requested to consider the application relating to the individual's suitability to be a driver of a hackney/private hire vehicle.

 

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

 

The applicant was invited to elaborate on the application giving information about the background of the three occasions on which he received the penalty points, and his personal circumstances. He stated that he had not disclosed the penalty points on his application because he considered that only cases of drinking and driving and/or criminal behaviour had to be reported to the Licensing Unit. He accepted the seriousness of the situation, that if he lost his licence, he would lose his job.

 

It was RESOLVED that the applicant was not a fit and proper person to be issued with a hackney carriage/private hire 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'

·      Individual Suitability Guidelines

·      The report of the Licensing Department

·      The applicant's application form

·      The report of the Driver and Vehicle Licensing Agency

·      Verbal observations by the applicant

 

Specific consideration was given to the following matters:

 

Background

 

In December 2022 the applicant received 3 penalty points for exceeding the statutory speed limit on a public road.

 

In November 2023 the applicant received 3 penalty points for exceeding the statutory speed limit on a public road.

 

In June 2024 the applicant received 3 penalty points for exceeding the statutory speed limit on a public road.

 

RELEVANT CLAUSES OF THE POLICY

 

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 is a fit and proper person to hold a licence. The applicant has a responsibility to show that he/she is a fit and proper person. Paragraph 2.4 states that when an applicant has a  ...  view the full minutes text for item 5