To consider
an application by Mr A
(separate
copy for sub-committee members only)
Decision:
That the applicant was 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 explained 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 protected
• Vulnerable persons are protected
• The public have confidence in using licensed
vehicles.
The Licensing Manager presented the written report on
the application received from Mr A for 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.
The applicant was invited to expand on the application
and provide information about the background of the points on his licence, the
conviction for a serious driving offence and his personal circumstances. He
highlighted that the serious driving conviction had occurred in January 2016
and not in June 2015 as noted in the report.
In response to a question regarding the date of
signing the application (27-02-2005) the applicant noted that this was a
mistake and that he had confused the date with the birthday of a family member.
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 had
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
·
The applicant's application
form
·
Verbal observations by the
applicant
Specific consideration was given to the
following matters:
Background
In April 2023, the applicant received six penalty
points on his driving licence for not disclosing information relating to the
driver of the car, etc.
In May 2023, the applicant received three additional
penalty points on his driving licence for Breaching the Speed Limit on a Public
Road.
In January 2016 the applicant was convicted for the
offence of Causing a Dangerous Incident on/over a Road, contrary to the Road
Traffic Act 1988. He was fined £155, ordered to pay costs of £85 and additional
costs of £20.
RELEVANT CLAUSES OF
THE POLICY
Paragraph 2.2 of the Council's Policy was considered,
which states that a person with a conviction for a serious offence need not be
automatically barred from obtaining a licence, but
will be expected to have been free of any conviction for an appropriate period
as stated in the Policy, and to show evidence that he/she is a fit and proper
person to hold a licence. The onus is on the applicant to show that he/she is a
fit and proper person. Paragraph 2.4 states that when an applicant has a
conviction(s) or there are other matter(s) to be considered in connection with
that, the Council cannot review the merits of that conviction or the other
matter.
Paragraph 4.5 was considered which states that the
Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2002 allows
the Sub-committee to take into account all convictions
recorded against an applicant, whether spent or otherwise, under the 1974 Act.
Section 12 of the Policy relates to motoring
convictions, and paragraph 12.3 states that an application will be refused if
there is a conviction against the applicant and he/she has not been free of the
conviction for at least six months.
Paragraph 12.4 notes
that an application will be refused if the applicant has more than one major
traffic offence within the last five years, and no further application should
be considered until a period of at least three years free from such convictions
has elapsed.
Section 13 relates to minor traffic
offences and refers mainly to offences that are not listed in paragraph 12.2 of
the Policy with paragraph 13.1 defining 'minor traffic offences' as offences
that incurred between 1 and 3 penalty points.
CONCLUSIONS
The Policy's provisions, the applicant's explanation of the circumstances,
and the Licensing Manager's recommendation were considered.
In this case, the Sub-committee had no reason to diverge from the policy's
provisions and it was determined that the applicant was a fit and proper person
to hold a hackney and private hire vehicle driver's licence. However, they were
concerned that the applicant had a tendency of attempting to avoid
responsibility and of trying to excuse behaviour that was a criminal offence.
In explaining the reasons for breaching the speed limit, it must be recognised
that speeding is a criminal offence whatever the circumstances – in other
words, speeding is speeding. The Sub-committee emphasised that drivers are
expected to ensure a high standard of behaviour when driving a taxi and to
report to the Licensing Unit on any relevant incident or update, in accordance
with the licence conditions.
The Sub-committee determined in favour of granting the
application and 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.