Agenda item

To consider an application by Mr C

(separate copy for sub-committee members only)

That the applicant is a fit and proper person to be issued with a hackney vehicle/private hire driver's licence from Gwynedd Council.

The Licensing Officer presented a written report on the application received from Mr C for a hackney/private hire driver's licence. The Sub-committee was requested to consider the application according to the DBS record, the guidelines on criminal offences and relevant convictions. It was highlighted that the applicant had not declared a previous convictions on his application form and it was suggested that he expanded on this.  The Licensing Authority recommended that the Sub-committee approved the application.

The applicant's representative was invited to expand on the applicant's application and provide information about the background of the conviction and his personal circumstances.  It was explained that the applicant had declared his previous conviction verbally, but had not included it on the application form (the licensing officer confirmed that this was true).

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 'Gwynedd Council's Licensing Policy for Hackney Carriages and Private Hire Vehicles' 

·         the applicant's application form

·         the Licensing Department's report and the DBS statement

·         verbal representations made by the applicant's representative

·         The Driver and Vehicle Licensing Agency's guidelines

Specific consideration was given to the following matters:

In January 2016 the applicant was found guilty by Anglesey Magistrates' Court of causing a dangerous incident on/over a road contrary to s22 of the Road Traffic Act 1988. He was fined £155.00, ordered to pay costs of £85 and additional costs of £20.

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 he will be expected to have been free of any conviction for an appropriate period as stated in the Policy, and to show evidence that he is a fit and proper person to hold a licence. The onus was on the applicant to prove that he was a fit and proper person. Paragraph 2.4 states that when an applicant has a conviction(s) or there are other related matter(s) to be considered in connection with that, the Council cannot review the merits of the conviction or other matter.

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.

Section 12 of the Policy relates to motoring convictions, with paragraph 12.2 listing major traffic offences for the purposes of the Policy. Section 13 relates to minor traffic offences and mainly refers to offences that are not listed in paragraph 12.2 of the Policy. Paragraph 13.1 defines a 'minor traffic offence' as an offence that receives 1 - 3 penalty points. Paragraph 13.2 was considered which states that when an applicant has one conviction for a minor driving offence this would not usually lead to refusal of the application. 

The Sub-committee concluded that the incident in 2016 was classed as a matter to be considered as a minor traffic offence. A single conviction for a minor traffic offence would not normally lead to refusing an application, therefore the Sub-committee could not see any reason to justify a departure from this stance.

Having carefully weighed up the evidence and information, the Sub-committee was in favour of approving the application and it was determined that the applicant was a fit and proper person to hold a hackney and private hire vehicle driver's licence.

The Solicitor reported that the decision would be confirmed formally by letter to the applicant.