Agenda item

To consider an application by Mr B

 

(separate copy for sub-committee members only)

 

 

To defer the decision in order to make further enquiries.

 

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 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 protected

• Vulnerable persons were protected

• The public had confidence in using licensed vehicles

 

The Licensing Manager submitted the written report on the application received from Mr B to renew a hackney/private hire 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 reiterated that the applicant had declared the speeding points in his application.

 

The applicant was invited to expand on his application and provide information about the background of the penalty points that he received for speeding. Whilst presenting his information, it became clear that the total penalty points in the report of the Driver and Vehicle Licensing Agency (DVLA) was not equivalent to what the applicant had presented to the Sub-committee, along with confusion regarding the TT99 record on the same report. (TT99 record highlighted a disqualification under 'totting-up' - if the total penalty points reached 12 or more within 3 years, the driver could be removed).

 

The applicant also disclosed in his presentation that he had been excluded from driving for a period of two years - information that had not been disclosed to the Licensing Unit in accordance with the taxi licence requirements.

 

RESOLVED to defer the decision in order to make further enquiries

 

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

 

Specific consideration was given to the following matters

 

Background

 

In January 2023, the applicant received 3 penalty points (SP30) for breaching the speed limit on a public road - these points would expire in January 2026. 

 

In July 2023, the applicant received 4 penalty points (SP30) for breaching the speed limit on a public road - these points would expire in July 2026.

 

TT99 endorsement noted counting the points if the total penalty points reached 12 or more within 3 years and expired in April 2025.

 

CONCLUSIONS

 

The applicant's explanation of his circumstances and the discrepancies in his presentation, information from the Licensing Unit and the report of the Driver and Vehicle Licensing Agency (DVLA) were considered. Consequently, the Sub-committee determined in favour of deferring the application in order to make further enquiries into the applicant's application.⁠

 

The Solicitor reported that the decision would be confirmed formally by letter to the applicant.