Agenda item

To consider an application by Mr B

 

(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 B for 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 refuse the application as three years had not elapsed since the end of the driving ban.

 

The applicant was invited to elaborate on the application giving information about the background of the penalty points and his personal circumstances. He noted that the covid period had been a difficult time for him and the incident continued to affect him. He added that he had received a notice stating a reduction in his daily working hours and as a result, he had to consider additional income to support his family.

 

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' 

·      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

·      Witness Statement

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

 

Particular consideration was given to the following issue

 

Background

 

In February 2021, the applicant received a conviction under the Road Traffic Act 1988 for driving under the influence of drugs. He was banned from driving for 12 months effective from August 3, 2021.            

 

RELEVANT CLAUSES OF THE POLICY

 

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 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.

 

Consideration was given to paragraph 11.0 which addressed driving offences. In paragraph 11.1, it was noted that a serious view would be taken of convictions for driving or being in charge of a vehicle under the influence of alcohol / drugs. Anyone who had been found guilty of offences relating to drink-driving was unlikely to receive a licence until they had been free from a conviction / convictions for at least three years.

 

CONCLUSIONS

 

The Sub-Committee weighed up all relevant factors, carefully considering the applicant's comments and accepting his honest statement regarding the situation surrounding the conviction and the fact that the covid period had been a difficult time for him. The sub-committee considered that in five months the applicant would be able to submit an application which would have been approved by officers in accordance with the policy. It was also recognised that this was an application for a one-year licence and if he applied for renewal, he would, due to the details on the DBS, be called before the sub-committee again.

 

⁠⁠Having carefully weighed-up all the factors, it was concluded that the applicant was a fit and proper person to hold a licence.

 

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