To consider
an application by Mr A
(separate
copy for sub-committee members only)
Decision:
Minutes:
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
• The public have confidence in 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 refuse the application.
The applicant was invited to elaborate on the
application giving information about the background of the three occasions on
which he received the penalty points, and his personal circumstances. He stated
that he had not disclosed the penalty points on his application because he
considered that only cases of drinking and driving and/or criminal behaviour
had to be reported to the Licensing Unit. He accepted the seriousness of the
situation, that if he lost his licence, he would lose his job.
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 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
·
The report of the Driver
and Vehicle Licensing Agency
·
Verbal observations by the
applicant
Specific consideration was given to the following
matters:
Background
In December 2022 the applicant received 3 penalty
points for exceeding the statutory speed limit on a public road.
In November 2023 the applicant received 3 penalty
points for exceeding the statutory speed limit on a public road.
In June 2024 the applicant received 3 penalty points
for exceeding the statutory speed limit on a public road.
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 would normally be expected to remain free of any conviction for an
appropriate period as stated in the Policy, and to show evidence that the
individual is a fit and proper person to hold a licence. The applicant has a
responsibility 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 associated
matter(s) to be considered, the Council cannot review the merits of that
conviction or 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 not,
under the 1974 Act.
Section 13 relates to minor traffic offences and
mainly refers to offences that are not listed in paragraph 12.2 of the Policy.
Paragraph 13.1 defines a 'minor traffic offence' as an offence that incurs
between 1 and 3 penalty points. Paragraph 13.3 was considered, which states
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
Committee where there are more than two offences and/or a total of 6 points on
their licence.
CONCLUSIONS
The
Sub-Committee accepted that the applicant had three speeding offences within
just over a year and a half of each other and an explanation was obtained about
each of the speeding incidents and their locations. It was also accepted that
he regretted it, that he had learned a lesson and that he was now driving
within speed limits.
In
accordance with the Policy, more than one conviction for a minor traffic
offence, particularly if there was a pattern to the behaviour, could result in
the refusal of a licence. After carefully weighing up all the factors,
acknowledging that the applicant had shown remorse for the offences, the
sub-committee's decision was that three instances of speeding showed a pattern
and therefore they were not convinced that it met the expected standards of a
taxi driver.
The
Sub-Committee decided to refuse the application.
The Solicitor reported that the decision would be
confirmed formally by letter to the applicant highlighting his right to appeal
the decision.