To consider
an application by Mr A
(separate
copy for sub-committee members only)
Decision:
Minutes:
The
Chair welcomed everyone to the meeting. She 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 'other issues' relating to an
individual's suitability to be a driver of a hackney/private hire vehicle.
The Licensing
Authority recommended that the Sub-committee should refuse the application
because the applicant's conduct in a recent collision did not meet the standard
expected of a taxi driver.
The applicant's
representative was invited to expand on the application and provide information
about the background of the collision and the applicant's personal
circumstances. He noted that the
applicant had been a reliable taxi driver since 2010 and that no complaint had
been received about his driving. It was explained that although the applicant
left the scene of the accident, he had done so for understandable reasons and
had contacted his employer to deal with the incident.
In response to a
question as to why the police had not brought proceedings against the
applicant, it was noted that while the police had responded to the incident, it
was confirmed by letter that there would be no further action.
It was RESOLVED that the applicant was not a fit and
proper person to be issued with a hackney carriage/private hire 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
·
The applicant's application
form
·
DBS Statement
·
The report of the Driver
and Vehicle Licensing Agency
·
Driver Licence Revocation
·
Closed Circuit Television
(CCTV) evidence
·
Verbal representations made
by the applicant's representative
Specific consideration was given to the following matters
Background
In August 2024, a
notice was issued to the applicant under section 61 of the Local Government
(Miscellaneous Provisions) Act 1976 that immediately revoked the applicant's
taxi driving licence – on the basis of CCTV evidence of a collision.
The applicant had
driving offences spanning more than 10 years, with one minor traffic offence
resulting in 3 points for speeding which remained on his licence.
RELEVANT CLAUSES OF THE POLICY
Paragraph 1.5 of the
Council's Policy was considered where it stated that if applicants did not
disclose any convictions; notices; penalty notices, orders or previous
reprimands on their application form, including any pending court proceedings
or other matters, they would be referred to the attention of the Licensing
Committee for a decision.
Paragraph 2.2 of the
Council's Policy was considered, which stated that a person with a conviction
for a serious offence need not be automatically barred from obtaining a
licence, but would normally be expected to remain free of any conviction for an
appropriate period as stated in the Policy, and to show evidence that he/she
was a fit and proper person to hold a licence.
The applicant had a responsibility to show 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.
CONCLUSIONS
The Sub-committee was of
the opinion that the applicant had caused a collision and although he had
initially remained with the individual, he left the scene of the accident with
others caring for the individual so that he could continue with his work of
transporting a customer. Leaving the scene of an accident was considered an
offence and the Sub-committee was not of the opinion that this was the action
of a responsible taxi driver, therefore highlighting that he was not a fit and
proper person to hold a licence in accordance with the Licensing Organisation's
Policy and Guidance.
The Solicitor
reported that the decision would be confirmed formally by letter to the
applicant and the comments from the Applicant's Representative regarding the
hearings procedure would be considered.