Agenda item

To consider an application by Mr B

 

(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 Manager submitted the written report on the 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 guidelines on criminal offences as

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

recommended that the Sub-committee should approve the application.

 

The applicant was invited to expand on the application and provide information about the endorsements on his driving licence and his personal circumstances.  He made reference to the 6 points he received for not having car insurance and stated that he was providing food for a vulnerable individual during lockdown. He accepted that he should be aware that he had social use on the car and not business use.  He noted that he enjoyed driving and that he understood and accepted the job requirements.

 

In response to a question from the Licensing Officer, the applicant noted that he had not received confirmation of his employment with 'Huw's Taxis' company but he had discussed work with local companies.

 

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 verbal representations

·      The Driver and Vehicle Licensing Agency's guidelines

 

Specific consideration was given to the following matters

           

In May 2020 the applicant received six penalty points for using a vehicle without insurance against third party risks as well as three penalty points for breaking the statutory speed limit on a public road in September 2020. As a result, he received nine penalty points on his driver’s licence.

 

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.

 

Section 12 of the Policy relates to driving convictions, and paragraph 12.2 lists major traffic offences for the purposes of the Policy. Amongst the offences were IN10 (use of a vehicle uninsured against third party risks). 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 six months.

 

Part 13 relates 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 that states that when an applicant / licence holder has one conviction for a minor driving offence, or other matters to be considered associated with this, this would not usually lead to an application refusal or prevent / suspend a licence. 

 

The Sub-committee concluded that the May 2020 conviction was a serious traffic offence. However, as the period of time noted in the Policy where applications should be refused as a result of such offences had elapsed and the offences had not affected the suitability of the applicant as a taxi driver, it was not grounds to refuse the application under paragraph 12.4. In addition, the September 2020 incident related to a minor traffic offence and having considered paragraph 13.2 of the Policy, the Sub-committee found that this offence also should not be grounds for refusal.

 

The Sub-committee determined in favour of approving the application and 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.