Agenda item

To consider an application by Mr B

 

(separate copy for sub-committee members only)

 

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.