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 in the use of licensed vehicles

 

The Licensing Manager submitted the written report on the application received from Mr B 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 did not use his phone to receive a call or send a message, and that he had set the phone to charge while sitting in traffic on the way home from work. He pointed out that he was driving his own car at the time and had no customers in the car. He added that he enjoyed his work as a taxi driver.

 

In response to a question as to why he had not included details of the offence on his application form, he stated that he lacked confidence in completing paperwork and that this was a mistake and not an attempt to hide the truth. He added that, over twenty years, he had received one speeding penalty.

 

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

·      The report of the Driver and Vehicle Licensing Agency

·      Verbal observations by the applicant

 

Specific consideration was given to the following issue.

 

Background

 

In April 2025, the applicant received 6 penalty points and a fine of £200 for breaching a requirement in relation to the control of a vehicle and the use of a mobile phone in contravention of Section 41D of the Road Traffic Act 1988.

 

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 12 of the Policy relates to motoring convictions, and paragraph 12.3 states that an application will be refused if there is a conviction against the applicant and he/she has not been free of the conviction for at least six months.

 

CONCLUSIONS

 

The Sub-Committee weighed up all relevant factors taking into account the applicant's comments over the receipt of six penalty points for using a mobile phone while driving as outlined above. The Sub-committee accepted that he had been unfortunate to be caught trying to charge his mobile phone instead rather than receiving or making a call while stationary in traffic. The Sub-Committee considered that this happened while he was driving his own car and not while undertaking taxi services. It was also pointed out that just over six months had elapsed since the crime.

 

The Sub-Committee decided to approve the application.

 

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