To consider
an application by Ms A
(separate
copy for sub-committee members only)
Decision:
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 Ms 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 refuse the application
because the applicant had accrued points quickly for more than one driving
offence during 2022-23. However, it was suggested that the Sub-committee
should consider the decision of the Magistrates' Court not to prevent the
applicant from driving for accruing points for these offences.
The applicant was
invited to expand on the application and provide information about the
background of the driving offences and her personal circumstances. She noted
that she was under pressure from her previous employer to complete trips as
quickly as possible to ensure that she could get paid. She reiterated that her
attitude had changed since the driving offences, and that she regretted it and
had learnt lessons. She really enjoyed working as a taxi driver and believed
that her role as a woman driving taxis gave assurance to women who were
travelling alone to feel safe in a taxi. She noted that she felt much better
and had received good support since changing companies.
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
·
DBS Statement
·
The report of the Driver
and Vehicle Licensing Agency
·
Details of the Court Notice
of a Fine and Collection Order
·
Verbal observations by the
applicant
Specific consideration was given to the following matters:
Background
In November 2022,
the applicant received three penalty points for driving faster than the
statutory speed limit on a public road (SP30), i.e. speeding.
In July 2023, the
applicant received six penalty points for driving faster than the statutory speed
limit on a public road (SP30), i.e. speeding. She received a fine of £250.00.
The applicant attended the Court to persuade the magistrate not to ban her from
driving. The Magistrates were persuaded that she should not be banned from
driving.
The applicant had
been honest and had contacted the Licensing Department to inform them of the
points and about the decision of the Magistrates' Court.
There were no other
convictions to consider.
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 was on the applicant to
prove that he/she 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
that 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.
Paragraph 13 which
related to minor traffic offences was considered, and paragraph 13.3 was
considered, as it stated that one conviction for a minor driving offence could
lead to an application being refused, especially if there were several
convictions to be considered for the same offence.
CONCLUSIONS
The Policy's provisions, the applicant's explanation of the circumstances, and the Licensing Manager's recommendations to refuse the application were considered.
The Sub-committee was of the opinion that section 13 of the Policy was relevant. The Sub-committee gave consideration to the fact that the applicant had two offences for speeding and that being within eight months of each other, and in addition, that the second offence was driving at a speed of approximately 103mph in the taxi (although it was accepted that no passengers were present).
The applicant's comments of regretting this since receiving the convictions were also considered. During the hearing, her very open and honest account of the incidents and her circumstances was also accepted. It was acknowledged that she had learnt lessons about speeding and the Sub-committee was satisfied that no further offences of this type would happen.
The Sub-committee was also of the opinion, when the applicant informed the Department that she had received further points on her licence due to the offences, that no steps were taken by the Authority to revoke the licence and she was allowed to continue to drive a taxi until her licence expired.
Having weighed-up all the factors carefully, the Sub-committee concluded that the applicant was currently a fit and proper person to hold a hackney and private driver's licence.
The Solicitor
reported that the decision would be confirmed formally by letter to the
applicant.