To consider
an application by Mr C
(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:
The Chair welcomed everyone
to the meeting. He explained that the decision would be made in accordance with
Cyngor Gwynedd'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
• The safeguarding of vulnerable persons
• The public have confidence in using licensed
vehicles.
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 asked to consider the application in accordance with the
DBS record, and the guidelines on relevant criminal offences and convictions,
and the report of the DVLA.
The applicant was invited to expand on the
application and provide information about the background of the environmental
offence and his personal circumstances.
In response to a question as to why the details of the environmental
offence had not been included on the application form, the applicant's
representative noted that the environmental offence had not been considered
relevant to a taxi driver's application.
RESOLVED that the
applicant was a fit and proper person to be issued with a hackney/private hire
vehicle driver's licence from Cyngor Gwynedd.
In reaching their decision, the Sub-committee had
considered the following:
· The requirements of 'Cyngor Gwynedd's Licensing Policy
for Hackney Carriages and Private Hire Vehicles'
· the applicant's application form
· The Licensing Department's report, together with the
DBS statement and the DVLA's report
· the applicant and his representative/prospective
employer's verbal representations
Specific consideration was given to the
following matters:
Background
In July 2019, the applicant was found guilty of an
offence of operating a regulated facility without an environmental permit;
Environmental Permitting (England and Wales) Regulations 2007 Regulation 38(1)
(a).
In September 2020, the applicant received 3 penalty
points for breaking the statutory speed limit on a public road (SP30)
RELEVANT CLAUSES OF
THE POLICY
Although the Policy does
not refer specifically to offences related to Environmental Offences, such
offences are relevant for consideration. Every offence carried out by a Person
who wishes to be a Taxi Driver, is relevant for consideration if the applicant
is 'a fit and proper person'. Officers were of the opinion
that operating a Regulated Facility without an environmental permit was
a serious matter.
Section 13 relates to
minor traffic offences and mainly refers to offences that are not listed in
paragraph 12.2 of the Policy. Paragraph 13.2 was considered which highlights
that one conviction for a minor driving offence could lead to an application
being refused.
CONCLUSIONS
The Sub-committee concluded
that the SP30 offence was not a problem in considering the provisions of the
policy - the SP30 offence did not take the applicant's total over the 7 point limit noted in the Cyngor Gwynedd Speeding Policy
before it affected the application or an application to renew the Taxi Driver's
Badge.
Although the
environmental offence was not noted in the policy, the Sub-committee considered
that over 3 years had elapsed since the offence as well as the fact that the
offence had no connection to driving a taxi.
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 for a year.
The Solicitor reported that the decision would be
confirmed formally by letter to the applicant.