Agenda item

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

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 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

• That the public can be confident when using licensed vehicles

 

The Licensing Manager submitted the written report on the application received from Mr A to renew a hackney/private hire driver’s licence. The Sub-committee was requested to consider the application relating to the individual's suitability to be a driver of a hackney/private hire vehicle.

 

The Licensing Authority recommended that the Sub-committee should approve the application.

 

The applicant was invited to elaborate on the application giving information about the background of the penalty points and his personal circumstances. He stated that he had held a private hackney/hire vehicle driver's licence since 2008 and when he received the licence he was advised to immediately report incidents of drinking and driving and/or criminal behaviour to the Licensing Unit, but no mention of reporting driving points. He added that the points were recent due to changes in speed limits in the areas he travelled with his work. He accepted the gravity of the situation, and that if he lost his licence he would lose his employment.

 

RESOLVED that the applicant was a fit and proper person to be issued with a hackney/private hire vehicle driver's licence from 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'

·      Individual Suitability Guidelines

·      The report of the Licensing Department

·      The applicant's application form

·      DBS Statement

·      The report of the Driver and Vehicle Licensing Agency

·      Verbal comments by the applicant together with written evidence and information

 

Specific consideration was given to the following matters:

 

Background

 

In December 2022 the applicant received 3 penalty points for breaching a statutory speed limit on a public road.

 

Two days later, at the same location, the applicant received a 3-point penalty for breaching a statutory speed limit on a public road.

 

In October 2024 the applicant received a 3-point penalty for breaching a statutory speed limit on a public road.

 

RELEVANT CLAUSES OF THE POLICY

 

Paragraph 2.2 of the Council's Policy was considered, stating that a person with a conviction for a serious offence need not be automatically barred from obtaining a licence, but he 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 is a fit and proper person to hold a licence. The onus was on the applicant to prove that he 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.

 

Part 13 related to minor traffic offences and referred mainly to offences which were not listed in paragraph 12.2 of the Policy with paragraph 13.1 defining a 'minor traffic offence' as an offence which receives between 1 and 3 penalty points. Paragraph 13.3 stated that “More than one minor traffic conviction or other matter to be considered may result in a refusal, particularly where there are several convictions or other matters to be considered for the same offence e.g. speeding. ⁠ A licensed driver may be referred to the Licensing Sub-committee where there are more than two offences and/or a total of six points on a licence.

 

CONCLUSIONS

 

The Sub-Committee accepted that the applicant had two offences of speeding within two days of each other and a further third offence which occurred in 2024. The locations of the offences were clarified; the first two had taken place in the vicinity of Flint and within a few days because the applicant believed that the speed limit was 40 mph and that his speed was between 30 and 40. In the context of the third offence it was explained that it took place in a 20 mph speed limit area and that his speed was approximately 26 mph. The honest comments made by the applicant were considered and it was accepted that he fully understood the gravity of the situation and acknowledged that another conviction would mean the loss of the taxi licence and driving licence. The sub-committee also noted that the applicant had held a taxi licence since 2008 and there had been no previous problems. The importance of reporting any incidents to the Licensing Unit was highlighted.

 

The Sub-Committee decided in favour of approving the application

 

The Solicitor reported that the decision would be confirmed formally by letter to the applicant highlighting his right to appeal the decision.