To consider an application by Mr B
(separate copy for sub-committee members only)
Minutes:
a)
The Chair welcomed everyone
to the meeting. He explained 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 using licensed vehicles.
The Licensing Officer
presented a written report on an application received from Mr B for a
hackney/private hire driver's licence. The Sub-committee was
requested to consider the application in accordance with the DBS record,
the Driver and Vehicle Licensing Agency statement, and the guidelines on
relevant criminal offences and convictions.
The applicant's
representative was invited to expand on the
application and provide information about the background of the offences and
the applicant's personal circumstances. The representative explained that Mr B
had changed address and that his parent had not forwarded letters to him.
Consequently, he had failed to respond to a penalty notice that had been issued for not paying a toll.
The applicant and his representative withdrew from the room while the
Sub-committee members discussed the application.
b) 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.
c) In reaching its decision, the Sub-committee had considered the following:
·
the requirements of
'Gwynedd Council's Licensing Policy for Hackney Carriages and Private Hire
Vehicles'
·
the applicant's application
form
·
verbal observations given by the applicant's
representative during the hearing
·
the Licensing Department's report, the DBS
statement and the Driver and Vehicle Licensing Agency statement
In October 2015 the applicant had received three penalty points for
breaching the statutory speed limit on a public road. In October 2017 he had received six penalty points for failing to
provide information relating to driver identity.
There were no
further matters to be considered.
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 he/she is a fit and proper person to hold a
licence. The applicant has a responsibility to prove that he is a fit
and proper person. Paragraph 2.3 of the Policy
confirms that "other matters to be considered" do include cautions.
Paragraph 12.2
lists serious traffic offences for the purposes of the Policy. Among the
offences are MS90 (failing to provide driver identity information) where
paragraph 12.3 states that an application will be refused if there is a
conviction against the applicant and he/she has not been free of the conviction
for at least 6 months.
Consideration
was given to paragraph 13.1 which highlights that
offences that receive between 1 and 3 penalty points are 'minor traffic
offences'. Paragraph 13.2 states that a conviction or another matter to be considered for a minor traffic offence is unlikely to
lead to refusal of an application.
The Sub-committee concluded that the 2015 conviction
for speeding was a minor offence and the points had expired in October 2018,
therefore the members decided that it was not grounds to refuse the
application. The Sub-committee concluded that failing to provide identity
information was a serious traffic offence. However, as this had happened over
six months ago, paragraph 12.3 did not apply and the Sub-committee was
satisfied that they were not grounds to refuse the application.
Having carefully
considered the evidence and information, the Sub-committee was satisfied that
the applicant was a fit and proper person to hold a hackney vehicle and private
hire driver's licence.
The Solicitor reported that the decision would be
confirmed formally by letter to the applicant.