• Calendar
  • Committees
  • Community Councils
  • Consultations
  • Decisions
  • Election results
  • ePetitions
  • Forthcoming Decisions
  • Forward Plans
  • Library
  • Meetings
  • Outside bodies
  • Search documents
  • Subscribe to updates
  • Your councillors
  • Your MPs
  • Your MEPs
  • What's new
  • Agenda item

    APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE

    • Meeting of General Licensing Sub Committee, Tuesday, 19th December, 2023 2.00 pm (Item 7.)

    To consider an application by Mr C

     

    (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 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.

     

     

  • Last 7 days
  • Month to date
  • Year to date
  • The previous Month
  • All Dates Before
  • All Dates After
  • Date Range
Start Date
PrevNext
May 2025
SuMoTuWeThFrSa
    123
45678910
11121314151617
18192021222324
25262728293031
End Date
PrevNext
May 2025
SuMoTuWeThFrSa
    123
45678910
11121314151617
18192021222324
25262728293031
  • Y saith diwrnod diwethaf
  • Y mis hyd yma
  • Y flwyddyn hyd yma
  • Y mis blaenorol
  • Pob dyddiad cyn hynny
  • Pob dyddiad ar ôl hynny
  • Ystod y dyddiadau
Start Date
BlaenorolNesaf
Mai 2025
LlMaMeIaGwSaSu
   1234
567891011
12131415161718
19202122232425
262728293031 
End Date
BlaenorolNesaf
Mai 2025
LlMaMeIaGwSaSu
   1234
567891011
12131415161718
19202122232425
262728293031