To consider
an application by Mr A
(separate
copy for sub-committee members only)
Minutes:
The Licensing Manager presented the written report on
the application received from Mr A. for a new hackney/private hire driver’s
licence. The Sub-committee was asked to consider the application in accordance
with the DBS record, and in accordance with the guidelines on relevant criminal
offences and convictions.
The applicant was invited to expand on the
application. Information was given on the background of the criminal offences and
it was highlighted that the reason for his mistake was a misunderstanding. It
was noted that advice and appropriate and correct information at the beginning
of his career as a taxi driver would have been advantageous. It was confirmed
that he had a current driving licence for private hire and hackney carriages in
Arfon.
The applicant withdrew from the room while the
Sub-committee members discussed the application.
RESOLVED that the applicant was a fit and proper
person to be issued with a hackney vehicle/private hire driver's licence and Mr
A's application for a hackney vehicle/private hire licence was granted.
In reaching their decision, the
Sub-committee considered the following:
·
the requirements of the 'Gwynedd Council's Licensing Policy for Hackney
Carriages and Private Hire Vehicles'
·
the applicant's application form
·
the Licensing Department's report along with the DBS statement that
revealed the convictions
Specific consideration was given to the following
matters.
Following a statement on the application form for a
driving offence over the statutory time limit (three penalty points in August
2015), it was highlighted, in accordance with clause 13.1 of the Council's
Policy, that a minor driving offence meant an offence between one and three
penalty points. It was highlighted that clause 13.2 noted that one conviction
for a minor driving conviction would not lead to an application refusal and therefore
the Sub-committee did not consider this minor offence as being a reason for
refusing the application.
Following a decision from Anglesey Magistrates' Court
(November 2016) on an accusation of acting contrary to regulation 9 of the User
Protection Act from 2008 Unfair Trading along with a conviction of soliciting
hire without a vehicle licence which was contrary to Section 45 of Town Police
Clauses Act 1847, the applicant confirmed that both cases arose from an
incident in Menai Bridge (March 2016) where he had been caught by Anglesey
Council in a test purchase practice.
It was highlighted that, in accordance with clause
17.0 of Gwynedd Council's Policy, it would be unlikely to issue a licence to an
applicant with a conviction related to
breaching an act or a by-law unless a period of 12 months had passed since the
most recent case. Although only four months had passed since the date of
the restriction, the first step would be to refuse the application, but the
Sub-committee had the right to deviate from the guidelines in exceptional
circumstances.
As the applicant had confirmed that he had a Private
Hire and Hackney Carriages one year licence for Arfon only (between 28.8.15 and
27.8.16), this did not allow him to work in Anglesey. The applicant highlighted
that this was a misunderstanding on his part and he pleaded guilty to the
offence.
The Sub-committee considered that there was no
evidence or concern regarding the applicant's behaviour as an Arfon driver
during the period of the licence.
Under the circumstances, the Sub-committee was
satisfied that the above reasons justified the deviation from clause 17.0, and
therefore accepted that the applicant was a fit and proper person to accept a
licence with Gwynedd Council.
The Solicitor reported that the decision would be
confirmed formally by letter sent to the applicant and the Licensing Unit would
confirm the licence's arrangement.