To consider
an application by Mr B
(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 highlighted 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 safeguarded
• Vulnerable
people are safeguarded
• The
public can be confident in using licensed vehicles
The Licensing Manager submitted a written report on
the application received from Mr B for a hackney/private hire vehicle driver’s
licence. The Sub-committee was requested to consider the application in
accordance with the relevant convictions. It was noted that the applicant was a
Licensed Hackney/Private Hire Driver until 02-01-2023, but he did not renew his
licence. It was reiterated that he had not stated his penalty points on his
application, but he had written a note stating that he had six penalty points.
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 background of the penalty points that he
received for speeding. He noted that he accepted that both cases were close to
each other and apologised for that. He reiterated that the reason for this was
lack of concentration - doing 33mph in one case and 34mph in another case in a
30mph zone.
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 report of the Licensing
Department
·
DBS Statement
·
The report of
the Driver and Vehicle Licensing Agency (DVLA)
·
The applicant's application
form
·
Verbal observations by the
applicant
Specific consideration was given to the
following matters
Background
In February 2022, the applicant received three penalty
points (SP30) for breaching the speed limit on a public road - these points
expire in February 2025.
In December 2022, the applicant received three penalty
points (SP30) for breaching the speed limit on a public road - these points
expire on 19 December 2025.
RELEVANT CLAUSES OF
THE POLICY
Paragraph 2.2 of the Council's Policy was considered,
which stated that a person with a conviction for a serious offence need not be
automatically barred from obtaining a licence, but
would be expected to have been free of any conviction for an appropriate period
as stated in the Policy, and to show evidence that he was a fit and proper
person to hold a licence. The applicant had a responsibility to prove that he
was a fit and proper person. Paragraph 2.4 stated that when an applicant had a
conviction(s) or there were other matter(s) to be considered in connection with
that, the Council could not review the merits of the conviction or the other
matter.
Paragraph 4.5 was considered which stated that the
Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2002
allowed the Sub-committee to take into account all convictions
recorded against an applicant, whether spent or otherwise, under the 1974 Act.
Section 13 of the Policy related to minor traffic
offences and mainly referred to offences that were not listed in paragraph 12.2
of the Policy.
Paragraph 13.3 stated 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 Sub-committee where there are more than two offences and/or a
total of six points on a licence.”
CONCLUSIONS
The Policy's provisions, the applicant's explanation of the circumstances
and the Licensing officer's recommendation were considered to approve the
application.
Under the authority's
policy, the evidence provided by the applicant and that he had been driving at a
speed of 34 and 33 m.p.h in 30 m.p.h
zones were considered. He had acknowledged that these were mistakes and
apologised.
The Sub-committee
determined in favour of granting 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.