Agenda item
To consider
an application by Mr B
(separate
copy for sub-committee members only)
Minutes:
The Chairman welcomed everyone to the meeting. He
highlighted 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
and the aim was to protect the public by ensuring that:
• A person is a fit and proper person
• The person does not pose a threat to the public
• That the public are safeguarded from dishonest
persons
• The safeguarding of children and young people
• The safeguarding of vulnerable persons
• The public have confidence in their use of licensed
vehicles.
The
applicant was invited to expand on his application and offer an explanation on
the offences. He noted that Caernarfon Magistrates Court had allowed the
applicant to retain his licence due to his personal circumstances. He explained
that a number of points of the license would have expired by the end of
February, that would therefore leave a total of five points. The applicant's
representative noted that he had not received complaints about Mr A, and he
stressed that he was a likeable, courteous and dependable character.
The applicant and his representative withdrew from the
room while the Sub-committee members discussed the application.
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 the
'Gwynedd Council's Licensing Policy for Hackney Carriages and Private Hire
Vehicles'
·
the applicant's application
form
·
verbal observations
presented by the applicant and his representative during the hearing
·
reference letters
·
the Licensing Department's
report along with the DBS statement and the applicant's driving licence report
provided by the DVLA.
Specific consideration was given to the following
matters.
The applicant had received three penalty points for
speeding on two occasions in January 2016 (these points expired in January
2019). In February 2016 he received three points for speeding (due to expire in
February 2019) and five further points in July 2016 (due to expire in July
2019). The applicant had no other convictions, notices or endorsements.
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 conviction for an appropriate period as stated in the Policy,
and to show evidence that he/she 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 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.
Consideration was given to paragraph 12.2 that lists
serious traffic offences for the purposes of the Policy. It was noted that SP20
(speeding) was not included on the list, and that paragraph 13.1 noted that
traffic offences not listed in the Policy would be considered as 'minor traffic
offences'. Paragraph 13.3 notes that more than one 'minor traffic conviction'
(including speeding) could result in the refusal of an application, and where
there are more than two offences and/or a total of six points on the licence, a
licensed driver may be referred to the Sub-Committee.
The Sub-committee concluded that the four incidents of
speeding in 2016 meant that paragraph 13.3 was relevant to the discussion.
However, the paragraph does not note that an application should be refused, and
that this is only a possible option. It was decided that the threshold of 'two
offences and/or six licence points’ was in relation to a referral, and not a
threshold for refusal by the Sub-committee.
The Sub-Committee agreed that the application had
reached the threshold for referral as the applicant had been caught speeding on
four occasions in 2016, and had eight live points on his licence. However, it
was noted that three further points would expire before the end of February
that would therefore leave a total of five points on his licence. The fact that
the applicant had only received points and not criminal conviction for speeding
was also considered.
Having weighed-up the information that had been
submitted, the Sub-committee was of the opinion that the speeding offences were
not sufficiently serious to warrant the refusal of the application.