To consider
an application by Mr A
(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:
• The 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 Licensing
Officer presented the written report on an 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 applicant's driving licence
report provided by the DVLA.
The applicant was invited to expand on the application and provide
information about the background of the offences and his personal
circumstances. He explained each
situation in detail in turn. His employer confirmed that he knew the applicant
well and that he was a good driver and a conscientious and reliable individual.
The applicant and his employer 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 vehicle/private hire
driver's licence from Gwynedd Council.
In reaching their decision, the Sub-committee considered the following:
·
The requirements of the 'Gwynedd
Council Licensing Policy for Hackney Carriages and Private Hire Vehicles'
·
the applicant's application
form
·
verbal observations
presented by the applicant during the hearing
·
verbal observations
presented by the applicant's employer during the hearing
·
the applicant's driving
licence report provided by the DVLA.
Specific consideration was given to the following matters
In May 2017, the
applicant received three penalty points on his driving licence for breach of
requirements regarding control of a vehicle, mobile phones, etc. (these points
expire in May 2019). Six additional penalty points received in September 2017
for breach of requirements regarding control of a vehicle, mobile phones etc.
(these points expire in September 2020) were also considered. In December 2017, the applicant received a
further three penalty points for breaking the speed limit on a public road
(these points expire in December 2020). The applicant had no further
convictions, warnings or endorsements.
Consideration was given to paragraph 2.3 of the Council's Policy, where it
is noted that 'other matters to be considered' may include 'fixed penalty
notices or other penalty notices'.
Consideration was given to paragraph 12.2 that lists serious traffic offences
for the purposes of the Policy.
Consideration was given
to paragraph 13.1 which notes that other traffic offences not listed in the
Policy would be treated as 'minor traffic offences'. The paragraph is also
puzzling, as it refers to a 'minor traffic offence' as an offence incurring
between 1 and 3 penalty points. Despite this, it is suggested that any offence
attracting more than three penalty points and which is not included in
paragraph 12.2, should be presented / considered as a 'minor traffic offence'.
Paragraph 13.3 states
that more than one conviction for a minor driving offence or another matter to
be considered could lead to an application being refused, especially if there
are several convictions or other matters to be considered for the same offence.
As the applicant already had a hackney vehicle/private hire driver's
licence, the sub-committee considered condition 6 of his current licence. The
condition notes that drivers are required to inform the Licensing Authority
about any conviction under traffic legislation. If a breach was found,
paragraph 17.1 of the Policy could apply, in which it is outlined that it is
unlikely that an application would be approved unless a 12 month period has
elapsed since the most recent breach.
Main observations
arising from the discussion:-
·
The Sub-committee established that the driving
endorsements, although concerning, did not reach the threshold for application
refusal.
·
The offences were not considered to be major traffic
offences as they were not listed in paragraph 12.2 of the policy – they were
considered to be minor traffic offences.
·
The
Sub-committee concluded that there was more than one matter to be considered
relating to the same offence - those occurring in May 2016 and September 2017 -
meaning that paragraph 13.3 should be considered. However, unlike the Policy's
other provisions, paragraph 13.3 does not set a presupposition in favour of
refusal. It instead advises that the application 'may' (rather than 'should') be refused. Due to a lack of guidance,
the Sub-committee were not convinced that this matter presented a case for
refusal.
·
Following confirmation from the applicant that he had
received a fixed penalty notice and points in relation to the endorsements (not
a criminal conviction), the Sub-committee was not of the opinion that there had
been a technical breach of condition 6 of the hackney and private hire vehicle
driving licence. However, the
Sub-committee was of the opinion that all matters should be reported as a
matter of good practice, and it was recommended that the applicant should
inform the Licensing Authority about any future endorsements.
·
Under the circumstances, the
Sub-committee was satisfied that the applicant was a fit and proper person to
hold a hackney vehicle/private hire driver's licence.
The Solicitor reported that the decision would be confirmed formally by a
letter sent to the applicant and that the Licensing Unit would be in contact to
confirm the licence documentation.