Agenda item

To consider an application by Mr C

 

(separate copy for sub-committee members only)

 

DECISION

 

That the applicant was not 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 a written report on an application received from Mr C for a hackney/private hire vehicle driving licence. The Sub-Committee was asked to consider the application in accordance with what relates to an individual's suitability to be a private hackney/hire vehicle driver.

 

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

 

The applicant was invited to elaborate on his application and personal circumstances. He was also asked to explain why he was arrested which then led to the revocation of his taxi driver's licence in January 2025.

 

In response to a question as to why he had not appealed Flintshire County Council's decision to revoke his licence given that there was 'no further action' due to 'evidential problems' after his arrest, he stated that he was suffering stress as a result of the incident and had no desire to return to the post and face Council officers. By now, he indicated that he needed a job and that he was considering a move to another area.

 

In response to a question as to why necessary information was not disclosed on his application form, he stated that he had no reason to do so apart from the fact that he was uncomfortable and was worried that it would mean he couldn't gain future employment. He added that he had not received a conviction and was not guilty of a crime.

 

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 Applicant's DBS

·      Copy of the applicant's driving licence

·      The report of the Driver and Vehicle Licensing Agency

·      Flintshire County Council's statement

·      Cheshire Police's Statement

·      Verbal observations by the applicant

 

Specific consideration was given to the following matters:

 

Background

 

In January 2025 the applicant was arrested for sexual assault, in contravention of section 3 of the Sexual Offences Act 2003. In the same month his licence was revoked by the relevant Authority as they were not satisfied on the basis of probability that he remained a fit and proper person to hold a licence.

 

In April 2025 an application was submitted to Cyngor Gwynedd for a taxi/private hire licence, but the applicant did not disclose that he had previously held a licence with another Local Authority or that that Authority had revoked the licence.

 

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 onus was on the applicant to prove that he was 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.

 

Consideration was given to clause 3.29 of the Institute of Licensing Document which states that wider factors than the information contained in a DBS certificate and other tests must be considered, and that it is necessary to consider the character of an individual in its entirety.

 

CONCLUSIONS

 

The Sub-Committee weighed up all relevant factors taking into account the applicant's comments over his arrest for a crime, under the Sexual Offences Act 2003, following an incident while he was a taxi driver. He stated that he had picked up a person who was drunk and vulnerable, and while trying to ask her to pay for being sick in the car, this led to allegations against him. Confirmation was received from the Police that the case had been closed due to evidential difficulties and that no further information had been received.

 

In considering the applicant's comments for not stating that he had held a licence with another Authority and had not challenged the officers' decision for the revocation of that licence, the Sub-Committee was concerned about the reasons put forward, stating that honesty was an essential characteristic of a taxi driver's suitability.

 

The Sub-Committee considered that the allegations made were extremely serious. Consideration was given to the applicant's expected responsibilities on that evening when driving a vulnerable person in a taxi – public protection was one of the main features to consider when assessing an applicant's suitability to hold a taxi driving licence.

 

On the basis of probability, the Sub-committee was not satisfied that they could be confident that the applicant met the standards of a taxi driver. As per the Institute of Licensing Document the Sub-Committee must satisfy themselves that the applicant has shown themselves to be a responsible, fit and proper person to hold a licence.

 

The Sub-Committee decided to refuse the application.

 

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