To consider
an application by Mr A
(separate
copy for sub-committee members only)
Minutes:
The Chair 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 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 their use of licensed vehicles.
The Licensing Officer presented a 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 DBS record, and the guidelines on relevant criminal offences and
convictions.
The applicant was invited to expand on his
application and provide information about the background of the offences and
his personal circumstances. He noted that the offences referred to one incident
when he was young and foolish, and that he had received a significant fine for
his folly. He added that he worked as a driver for a local company, and that
the company had offered him a job as a hackney / private hire driver should his application be approved.
The applicant withdrew from the room while 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 its 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
·
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 received a conviction in November 2010 from
Caernarfon Magistrates' Court for a series of offences. The applicant was charged with aggravated vehicle-taking, causing damage
to property contrary to section 12A of the Theft Act 1968. He was fined £85,
ordered to pay costs of £85 and £1,400 in compensation, and was banned from
driving for 12 months. On one occasion he was charged
with driving a vehicle without insurance contrary to section 143(2) of the Road
Traffic Act 1988, when he received a fine of £85 and a driving licence
endorsement. He was also charged with driving contrary driving licence
conditions, contrary to the Road Traffic Act 1988 S87(i),
when he received a fine of £15 and a further driving licence endorsement.
The applicant received 3 penalty
points for breaking the statutory speed limit on a public road in June 2016.
Paragraph 2.2 of the Council's Policy was considered,
in which it was stated 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 was a fit and proper person to
hold a licence. The applicant had a responsibility to show that
he/she was a fit and proper person. Paragraph 2.3 of the Policy
confirmed that cautions were among the 'other matters for consideration'.
Paragraph 4.5 of the Council policy was considered, in which it was
stated that the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment)
Order 2002 allowed 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 which listed serious traffic
offences for the purposes of the Policy. Amongst the offences were IN10 (use of
a vehicle uninsured against third party risks), LC20 (driving contrary to
driving licence conditions) and UT50 (aggravated vehicle-taking).
It was noted in paragraph 12.4 that an applicant with more
than one major traffic offence within the last 5 years would normally be
refused, and that no further application should be considered until a period of
at least 3 years free from such convictions had elapsed.
Paragraphs 12.6 to
12.11 were considered, which discussed driving bans.
It was noted in paragraph 12.10 that an application
would normally be refused where the applicant had a conviction resulting in a
period of disqualification of 12 months or more, unless a period of 18 months
had elapsed from the end of the disqualification period.
Paragraph 13.1 was
considered, in which 'minor traffic offences' were defined as offences that
incurred between 1 and 3 penalty points. Paragraph
13.2 stated that one conviction for a minor driving offence or another matter
to be considered was unlikely to lead to an
application being refused.
The Sub-committee
concluded that the November 2010 offences were major traffic offences. However,
as these offences had occurred over 5 years ago, paragraph 12.4 was irrelevant
and the sub-committee was therefore satisfied that they were not a reason for
refusing the application. Given that one of the offences had led to a driving
ban, it was highlighted that the licence had been restored
in November 2011. Consequently, paragraph 12.10 was deemed irrelevant
as a period of 18 months had elapsed. In addition, the speeding incident from
2016 was considered a minor traffic offence; and when
considering paragraph 13.2 of the Policy, the Sub-committee was not of the
opinion that this offence should create grounds to refuse the application.
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.