To consider an application by Ms A
(separate copy for sub-committee members only)
Decision:
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 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 can be confident in using licensed vehicles
The Licensing Manager
presented the written report on the application received from Ms A for a new
hackney/private hire vehicle driver’s licence. The Sub-committee was requested
to consider the application in accordance with the relevant convictions.
The Licensing
Authority recommended that the Sub-committee should approve the application. It
was noted that the applicant had declared the speeding points on her
application.
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 had extensive experience of
driving and now wished to be a taxi driver since she felt that her job driving a HGV was not suitable for her any longer. The intention of
employing her to do work during school hours and a few hours during weekends
was also noted if their application was approved.
It was reiterated
that discussions held prior to presenting the application with the Licensing
Officer highlighted the penalty points and confirmation that the applicant had
received a three-year hackney/private hire licence by Anglesey County Council
in August 2023.
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 its
decision, the Sub-committee 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 and the report of the Driver and Vehicle
Licensing Agency (DVLA)
·
Verbal observations by the
applicant's representative
Specific consideration was given to the following matters.
Background
In July 2020 the
applicant received 3 penalty points for breaking the statutory speed limit on a
public road. The relevant period of these points came to an end on the 3 July
2023.
In March 2021 the
applicant received 6 (SP30) penalty points instead of 3 regular points since
they were driving a HGV. These points expire in
December 2025.
RELEVANT CLAUSES OF THE POLICY
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 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/she is a fit and proper person to hold a licence. The onus was
on the applicant to prove that he/she 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 the 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
13 relates to minor traffic offences and mainly refers to offences that are not
listed in paragraph 12.2 of the Policy and Paragraph 13.1 defines a 'minor
traffic offence' as an offence that receives 1 - 3 penalty points. Paragraph
13.3 is considered that states that “More than one minor traffic conviction or
other matter to be considered may result in a refusal, particularly where there
are several convictions or other matters to be considered for the same offence,
e.g. speeding. A licensed driver may be referred to
the Licensing Committee where there are more than two offences and/or a total
of six points on a licence.”
CONCLUSIONS
Having considered the Policy's provisions and
the applicant's explanation of the circumstances that led to receiving the
penalty points in 2020 and 2021 and the licensing officers' recommendation, the
Sub-committee was of the opinion that it was
appropriate to approve the application.
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 Solicitor
reported that the decision would be confirmed formally by letter to the
applicant.