Agenda item

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.

 

The Chair welcomed everyone to the meeting. She 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 was a fit and proper person

• The person did not pose a threat to the public

• The public were safeguarded from dishonest persons

• Children and young people were safeguarded

• Vulnerable people were safeguarded

• The public could be confident 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 asked to consider the application in accordance with the relevant convictions.

 

The Licensing Authority recommended the Sub-committee grant the application. It was added that it was an application to renew the licence of Hackney / Private Hire vehicle that was presented and that the applicant had declared the speeding points on his application.

 

The applicant's representative was invited to expand on the application and provide information about the background of the penalty points that he had received for speeding. He noted that the applicant was in the office, but was ill with covid. If there was a need for the members to hear from the applicant, there was a way to arrange another room for him. It was reported that he accepted that the two cases were close together and that the applicant apologised for that. It was noted that the applicant was an experienced driver and that not working over the last six weeks had felt like a punishment - had lost a wage and he was the family's main earner.

 

In response to a question on why the applicant had not declared his penalty points in May and June, as that it was a condition on any hackney / private hire vehicle driver's licence, it was accepted that the information should have been shared with the Licensing Unit, but the applicant had also thought that he would receive an offer to attend a speed awareness course.

 

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

·      The report of the Driver and Vehicle Licensing Agency (DVLA)

·      The applicant's application form 

·      Verbal observations by the applicant's representative

 

Specific consideration was given to the following matters:

 

Background

 

In May 2021, the applicant received three penalty points (SP30) for breaching the speed limit on a public road - these points expire in May 2024. 

 

In June 2021, the applicant received three penalty points (SP30) for breaching the speed limit on a public road - these points would expire in June 2024.

 

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 was not to be automatically barred from obtaining a licence but would normally be expected to remain free of any conviction for an appropriate period as stated in the Policy, and to show evidence that the individual is a fit and proper person to hold a licence. There was a responsibility on the applicant 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. 2.5 years had now elapsed without re-offending and the applicant had acknowledged his fault and that not notifying the Licensing Unit sooner about his penalty points was a mistake. 

 

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.