Agenda item

To consider an application by Mr A

 

(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 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 the application received from Mr A for

a hackney/private hire vehicle driver's licence. The Sub-committee was requested to

consider the application in accordance with the DBS record, the guidelines on criminal

offences as well as the Driver and Vehicle Licensing Agency's report. The Licensing

Authority recommended that the Sub-committee approved the application.

 

          In response to a question from the Head of Legal Services to the Licensing Officer, it was confirmed that it was the individual’s responsibility to present the DBS report to the Licensing Authority. It was also confirmed that consideration had not been given to the three points for speeding as they were not contrary to policy and not a reason to refuse the application.

 

          In response to a question from the applicants’ representative to the Licensing Officer regarding the application, it was confirmed that Premier Cars Company present a number of applications and are always ready to collaborate, are open and very aware of the arrangements

 

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.  It was noted that the applicant’s circumstances at the time were hard, but since then he had turned his life around by caring for his daughter and his father. It was added that the application form was completed by Premier Cars Office Manager and that there was no intention from the applicant to mislead the Sub-committee by not including the details regarding being banned from driving for 18 months in 2016. In accordance with Policy requirements, it was explained that a period of three years had elapsed since the ban and that there were no other offences to consider. The applicants wish was to return to work in order to support his daughter. 

 

In response to a question from a Member of the Sub-committee in relation to completing the application form and that the 'wrong box' had been ticked, the applicant’s representative noted that this was a mistake from the Office Manager and that there was no intent to trick the sub-committee. It was added that the application had been done in goodwill and that it was the company who made the application for a DBS form as a method of preparing for the hearing.

 

In response to a question from the Head of Legal Services, it was confirmed that it was the applicant who signed the form.

 

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 along with the DBS statement and the DVLA's report

·      the applicant’s representative's verbal representations

·      The Driver and Vehicle Licensing Agency's guidelines

 

Specific consideration was given to the following matters:

           

In September 2016, the applicant was found guilty by Gwynedd Magistrates' Court of driving a car under the influence of alcohol contrary to the requirements of the Road Traffic Act 1988.  The applicant received a driving ban for 18 months (which was reduced by 4 months if he completed the course), fined £260, ordered to pay costs of £85 and additional costs of £30.

 

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 2.3 states, for the purpose of the Policy, that 'other matters for consideration' include, amongst others, criminal /driving convictions

 

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.

 

Paragraph 11.0 which addressed drink-driving offences, was considered. In paragraph 11.1, it was noted that a serious view would be taken of convictions for driving or being responsible for a vehicle under the influence of alcohol / drugs. Anyone who had been found guilty of offences relating to drink-driving was unlikely to receive a licence until they had been free from a conviction(s) for at least three years.

 

Paragraph 13.1 was considered, relating to minor traffic offences and refers mainly to offences that are not listed in paragraph 12.2 of the Policy with paragraph 13.1 defining 'minor traffic offences' as offences that incurred between 1 and 3 penalty points. Paragraph 13.2 was considered, which highlights that one conviction for a minor traffic offence can lead to refusing the application.

 

The Sub-committee determined that the September 2016 conviction was in relation to drink driving. They were content that the period of time noted in the Policy where applications should be refused due such offences had elapsed.  The Sub-Committee noted that the one conviction from 2016 had also led to a driving ban until June 2018. With the licence reinstated in June 2018 and no evidence of further offences, the Sub-committee, in accordance with the policy, were satisfied that an appropriate period of time had elapsed.

 

In addition, the sub-committee found that the event in 2020 was related to a minor traffic offence. Having considered paragraph 13.2 of the Policy, the Sub-committee was of the opinion that this offence should not be grounds to refuse the application.

 

The error on the applicant’s application form was considered which failed to include convictions disclosed in the DBS report on the application form. An explanation from the employer was received that this was an error on behalf of the company and was not done deliberately. The applicant was reminded, that by signing the form, he was taking responsibility for the content but the Sub-committee was ready to accept that it was a mistake signing the form without checking the content this time.

 

The Sub-committee accepted, although the applicant did not excuse the offence that his personal circumstances at the time were very difficult. They were also satisfied that his circumstances had changed since then and there was no evidence that the behaviour was typical of him.

 

Having weighed up the evidence and the information carefully, the Sub-committee determined 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 applicant’s representative was encouraged to ensure that applicants in the future check and take responsibility for their application forms.

 

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

 

The applicant’s representative took the opportunity to thank the Licensing Department for their support during the pandemic - this had been very challenging time for everyone.