To consider
an application by Mr A
(separate
copy for sub-committee members only)
Decision:
That
the applicant is a fit and proper person to be issued with a hackney
vehicle/private hire driver's licence from Gwynedd Council.
Minutes:
1.
The Chair welcomed everyone to the meeting. She explained that the
decisions 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
APPLICATION FOR A HACKNEY / PRIVATE HIRE DRIVER’S LICENCE – Mr A
The Licensing Officer presented a written
report on the application received from Mr A for a hackney/private hire vehicle
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. The Licensing Authority recommended that the Sub-committee
approved the application.
The applicant was invited to expand on his
application and provide information about the background of the offences and
his personal circumstances. He explained that the conviction was for food
hygiene and that he had not offended before or subsequently. He noted that he
had a young family and needed an additional job that offered flexibility so he
could spend time with his family. He explained that he had experience of being
a carer and therefore understood the responsibilities
involved in being a fit and proper taxi driver and that a taxi company was
willing to employ him.
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
·
the
applicant's verbal representations
·
The
Driver and Vehicle Licensing Agency's guidelines
Specific consideration was given to the
following matters:
In January 2020, the applicant was found guilty by
North Wales Magistrates Court of breaching food hygiene regulation provisions,
contrary to Articles 14 (1) 16 18 (2) 18 (3) or 19 of Regulation (EC) 178/2002
General Food Regulations 2004. He received a fine of £330 as well as an
additional fee of £33.00 and costs of £150.
Paragraph 2.4 of the Council's Policy was considered,
which 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 consider all
convictions recorded against an applicant, whether spent or otherwise, under
the 1974 Act.
Section 17 of the
Policy addresses situations regarding breach of legislation, byelaw or licence
conditions. It is noted that an applicant who has a conviction or other matters
to be considered for a breach of legislation, is unlikely to be granted a
licence unless a period of at least 12 months has elapsed since the most recent
breach.
The Sub-committee
concluded that sufficient time had elapsed since the applicant was convicted as
the twelve-month threshold under the Policy had elapsed. No subsequent
convictions or other previous convictions were received. It was accepted that
the applicant acknowledged the seriousness of food safety offences and accepted
that he had made a mistake, he also understood and accepted the seriousness and
importance of the responsibility he would have in driving and carrying
passengers.
It was also considered
that there was no evidence that his medical condition (type 2 diabetes - mild)
was a problem and that he kept it under control by diet alone.
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.