To consider
an application by Mr C
(separate copy for sub-committee members only)
Decision:
Minutes:
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 Officer presented a written report on an
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
relevant information.
The Licensing Authority recommended that the
Sub-committee should have regard to the Council's Policy and the IOL’s Guidance
on the safety and suitability of the applicant before a decision was made on whether or not to grant a licence.
The applicant was invited to expand on the application
and provide information about the background of the offences. He highlighted
his frustration whilst completing the application by misinterpreting the
information he had received along with being unable to understand the
registration process and having to pay fees and DBS costs beforehand. He added
that his behaviour was out of character and he was
going through a difficult time in his life at that point - without a job, he
would have become homeless. He noted that he had learned from the process, and
he had been offered a job, subject to being granted a licence. His wish for the
future was to offer transport for the disabled.
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 applicant's application
form
·
Verbal observations by the
applicant
Specific consideration was given to the
following matters:
Background
·
In August 2023 the applicant
visited the Council offices and spoke to a member of staff inappropriately and
aggressively. His conduct was such that an experienced member of the reception
staff at the offices had cause to report the matter formally on a HS11 form to
her line manager and Human Resources department. An anonymised version of the
form was shared with Licensing service Manager as it related to this
application for a taxi driver application.
·
A few days after this
incident, the applicant returned to the council offices, and was met by two
licensing officers who had cause to advise him that as an applicant for a taxi
driver licence, his conduct was a matter of relevance, and that bad behaviour
towards council officers would not be tolerated. The applicant in response noted
that he felt frustrated that the application process was not straight forward,
and he just wanted to start earning a living. The officer responded that many
checks were necessary to ascertain that an individual was a ‘fit and proper
person.
·
In October 2023, the
applicant telephoned the licensing officer from the offices of Menter Gwynedd, who were assisting him with the
application. The applicant's attitude was again unacceptable, he swore at the
officer over the phone and lost his temper; and Menter
Gwynedd staff had to intervene and take over the telephone conversation as the
applicant had lost his temper.
RELEVANT CLAUSES OF
THE POLICY
·
As well as having regard to
any relevant clauses within the Council’s policy Suitability Criteria for
Drivers and Operators, the committee was also expected to consider the
Institute of Licensing’s (IOL) Guidance on determining the suitability of
applicants and licensees in the hackney and private hire trades. The aim of the
local authority licensing of the taxi and PHV trades was to protect the public, with this in mind, Public Protection must be at the
forefront of the decision maker’s mind when determining whether an individual
was considered a “fit and proper person” to hold a licence or not.
·
Paragraph 3.26 of the IOL’S
Guidance stated that “The character of the driver in it’s
entirety must be of paramount consideration when considering whether they
should be licensed”.
·
Paragraph 3.32 elaborated
that “Licensees were expected to always demonstrate appropriate professional
conduct, whether in the context of their work or otherwise. Licensees should be
courteous, avoid confrontation, not be abusive” and “Licensees were expected to
act with integrity and demonstrate conduct befitting the trust that is placed
in them.”
·
Paragraph 4.10 of the
Guidance noted that “In determining safety and suitability the licensing
authority is entitled to take in to account all matters concerning the
applicant or licensee. They are not simply concerned with that person’s
behaviour whilst working in the hackney carriage or private hire trade. This
consideration was far wider than simply criminal convictions or other evidence
of unacceptable behaviour, and the entire character of the individual would be
considered. This could include, but is not limited to, the individual’s
attitude and temperament.”
CONCLUSIONS
The Sub-committee believed the applicant's behaviour towards the Council
officers was totally unacceptable. Whilst accepting that he felt frustrated
with the process, it was not an excuse for behaving in such a way and although
acknowledging his personal circumstance and the pressure on him to earn a
living, this did not justify such behaviour. However, the Sub-committee
welcomed the fact that the applicant acknowledged that his behaviour was not up
to the expected standards.
In the absence of any convictions and any detailed specific provision in the
authority's policy, the Sub-committee considered the application in the context
of the primary purpose of the licensing system which is to safeguard the
public. Particular consideration was given to the
test, namely, would the members be willing to allow a close member of their
family, for example a son or daughter or partner, to travel in a vehicle, on
their own, with the applicant. After meeting the applicant in the hearings and
hearing what he had to say, the Sub-committee concluded that he satisfied that
test.
Having carefully
weighed-up all the factors, it was concluded that the applicant was a fit and
proper person to hold a hackney and private hire vehicle driver's licence. Nevertheless,
the Sub-committee wished to remind the applicant that the Local Licensing
Authority could suspend or revoke a licence if any unacceptable behaviour was
brought to its attention.
The Solicitor reported that the decision would be
confirmed formally by letter to the applicant.