The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting on the current item of business on the grounds that it involves the likely disclosure of exempt information under Section 12A to the Act. The Sub-Committee then returned and announced the following decision: DECISION The Sub-Committee must decide whether the applicant is a ‘fit and proper’ person to retain a combined hackney carriage/private driver’s licence. In reaching its decision, the Sub-Committee has considered both the written representations and the oral representations it has heard today. The Sub-Committee’s principal consideration is ensuring the safety of the public. In determining whether the applicant is a ‘fit and proper’ person, the Sub-Committee has taken into account all matters concerning the applicant. The applicant attended in person with his employer and provided written references from customers. The police confirmed that the applicant was convicted for driving without due care and attention on 28th June 2023. The court levied a fine and imposed 7 points on his licence but did not disqualify him from driving. The applicant said that he had wanted to defend himself, but plead guilty because of the cost of defending himself The applicant accepted that he had struck a moped on 22nd October 2022 while taking a passenger home. He initially believed that he had struck a pothole. He said that he did not see the moped as its rear lights were not on. It was a dark, rainy night, on a road without streetlights, with poor visibility. The applicant stated that he had been a taxi driver for 16 ½ years and a driver for 23 years without incident, which the police confirmed. He had provided an excellent service to the community over that time as was confirmed by the written representations. The committee had regard to paragraphs 5.34 and 5.36 of the Council’s Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades. Guidance states that a licence will not normally be granted to an applicant convicted for a motoring offence with 7 or more points on his licence. The Sub-Committee placed considerable weight on the applicant’s good character and previously spotless driving record. The Sub-Committee was conscious of the public need for safe, competent taxi drivers in the county. The Sub-Committee accepted that all the circumstances surrounding the applicant’s accident mitigated his liability somewhat. In particular, the Sub-Committee acknowledged that the applicant returned to the scene of the accident and readily admitted to hitting the moped. The Sub-Committee was concerned that the applicant acted unwisely in leaving his intoxicated passenger on the roadside following the accident. However, this was not sufficient to outweigh the considerations in favour of the applicant. RESOLVED That the applicant’s licence be NOT suspended/revoked.
RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting for the current item of business on the grounds that it involves the likely disclosure of exempt information under Section 12A to the Act. The Sub-Committee then returned and announced the following decision: DECISION The Sub-Committee must decide whether the applicant is a ‘fit and proper’ person to retain a combined hackney carriage/private driver’s licence. In reaching its decision, the Sub-Committee has considered both the written representations and the oral representations it has heard today. The Sub-Committee’s principal consideration is ensuring the safety of the public. In determining whether the applicant is a ‘fit and proper’ person, the Sub-Committee has taken into account all matters concerning the applicant. The applicant did not attend in person and did not submit any written representations. In light of the seriousness of the applicant’s offences, the Sub-Committee decided to proceed in his absence. The police confirmed that the applicant was convicted for driving under the influence of a controlled drug on 28th June 2023. The court disqualified the applicant from driving for 12 months with immediate effect and levied a fine. The same day the applicant was arrested for driving while disqualified and driving with no insurance. He was convicted the next day and sentenced to 12 weeks in prison, suspended for 12 months, and disqualified from driving for 24 months. The Sub-Committee had regard to paragraphs 5.35 and 5.36 of the Council’s Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades. Guidance states that a licence will not normally be granted to an applicant convicted for driving under the influence of drugs until at least 7 years have elapsed since the completion of any sentence or driving ban imposed. Similarly, the guidance states that an applicant convicted for driving without insurance will not be granted a licence until at least 7 years have elapsed since the completion of any sentence imposed. The Sub-Committee placed considerable weight on the applicant’s repeat offending. It determined that he was not a fit and proper person to hold a combined hackney/private driver’s licence. Therefore, the Sub-Committee decided not to depart from the Council’s guidance in this instance and to revoke the applicant’s licence with immediate effect. RESOLVED The decision has been made to revoke the applicant’s licence with immediate effect.
There were no Declarations of Interest received.
Moved by Councillor Tim Evans; Seconded by Councillor Mark Carter The vote, undertaken by way of a show of hands was carried. RESOLVED That the English and Welsh Minutes of the meetings held on 27 March 2023 and 26 April 2023 be approved as a correct record.
Moved by Councillor Tim Evans; Seconded by Councillor John Davies RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting for consideration for the current item of business on the grounds that it involves the likely disclosure of exempt information under Schedule 12A to the Act.
Decision as recorded
RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting on the current item of business on the grounds that it involves the likely disclosure of exempt information under Section 12A to the Act. The Sub-Committee then returned and announced the following decision: DECISION The Sub-Committee must decide whether the applicant is a ‘fit and proper’ person to retain a combined hackney carriage/private driver’s licence. In reaching its decision, the Sub-Committee has considered both the written representations and the oral representations it has heard today. The Sub-Committee’s principal consideration is ensuring the safety of the public. In determining whether the applicant is a ‘fit and proper’ person, the Sub-Committee has taken into account all matters concerning the applicant. The applicant attended in person with his employer and provided written references from customers. The police confirmed that the applicant was convicted for driving without due care and attention on 28th June 2023. The court levied a fine and imposed 7 points on his licence but did not disqualify him from driving. The applicant said that he had wanted to defend himself, but plead guilty because of the cost of defending himself The applicant accepted that he had struck a moped on 22nd October 2022 while taking a passenger home. He initially believed that he had struck a pothole. He said that he did not see the moped as its rear lights were not on. It was a dark, rainy night, on a road without streetlights, with poor visibility. The applicant stated that he had been a taxi driver for 16 ½ years and a driver for 23 years without incident, which the police confirmed. He had provided an excellent service to the community over that time as was confirmed by the written representations. The committee had regard to paragraphs 5.34 and 5.36 of the Council’s Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades. Guidance states that a licence will not normally be granted to an applicant convicted for a motoring offence with 7 or more points on his licence. The Sub-Committee placed considerable weight on the applicant’s good character and previously spotless driving record. The Sub-Committee was conscious of the public need for safe, competent taxi drivers in the county. The Sub-Committee accepted that all the circumstances surrounding the applicant’s accident mitigated his liability somewhat. In particular, the Sub-Committee acknowledged that the applicant returned to the scene of the accident and readily admitted to hitting the moped. The Sub-Committee was concerned that the applicant acted unwisely in leaving his intoxicated passenger on the roadside following the accident. However, this was not sufficient to outweigh the considerations in favour of the applicant. RESOLVED That the applicant’s licence be NOT suspended/revoked.
Having convened in private session under the terms of Section 100A(4) of the Local Government Act 1972, the Sub-Committee considered the comments from Nigel Lewis, Dyfed-Powys Police Licensing Officer, and Nathan Miles, Interim Public Protection Manager on the report by the Director of Community Services regarding the Combined Hackney Carriage/Private Hire Vehicle Drivers Licence for Mr J. The Applicant was present for the Hearing together with their employer and was provided the opportunity to present their case to the Sub-Committee, including answering questions. The Solicitor then outlined the options for consideration by the Sub-Committee. The Sub-Committee then retired to undertake its consideration of the matter and the representations submitted. RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting on the current item of business on the grounds that it involves the likely disclosure of exempt information under Section 12A to the Act. The Sub-Committee then returned and announced the following decision: DECISION The Sub-Committee must decide whether the applicant is a ‘fit and proper’ person to retain a combined hackney carriage/private driver’s licence. In reaching its decision, the Sub-Committee has considered both the written representations and the oral representations it has heard today. The Sub-Committee’s principal consideration is ensuring the safety of the public. In determining whether the applicant is a ‘fit and proper’ person, the Sub-Committee has taken into account all matters concerning the applicant. The applicant attended in person with his employer and provided written references from customers. The police confirmed that the applicant was convicted for driving without due care and attention on 28th June 2023. The court levied a fine and imposed 7 points on his licence but did not disqualify him from driving. The applicant said that he had wanted to defend himself, but plead guilty because of the cost of defending himself The applicant accepted that he had struck a moped on 22nd October 2022 while taking a passenger home. He initially believed that he had struck a pothole. He said that he did not see the moped as its rear lights were not on. It was a dark, rainy night, on a road without streetlights, with poor visibility. The applicant stated that he had been a taxi driver for 16 ½ years and a driver for 23 years without incident, which the police confirmed. He had provided an excellent service to the community over that time as was confirmed by the written representations. The committee had regard to paragraphs 5.34 and 5.36 of the Council’s Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades. Guidance states that a licence will not normally be granted to an applicant convicted for a motoring offence with 7 or more points on his licence. The Sub-Committee placed considerable weight on the applicant’s good character and previously spotless driving record. The Sub-Committee was conscious of the public need for safe, competent taxi drivers in the county. The Sub-Committee accepted that all the circumstances surrounding the applicant’s accident mitigated his liability somewhat. In particular, the Sub-Committee acknowledged that the applicant returned to the scene of the accident and readily admitted to hitting the moped. The Sub-Committee was concerned that the applicant acted unwisely in leaving his intoxicated passenger on the roadside following the accident. However, this was not sufficient to outweigh the considerations in favour of the applicant. RESOLVED That the applicant’s licence be NOT suspended/revoked.
Decision as recorded
RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting for the current item of business on the grounds that it involves the likely disclosure of exempt information under Section 12A to the Act. The Sub-Committee then returned and announced the following decision: DECISION The Sub-Committee must decide whether the applicant is a ‘fit and proper’ person to retain a combined hackney carriage/private driver’s licence. In reaching its decision, the Sub-Committee has considered both the written representations and the oral representations it has heard today. The Sub-Committee’s principal consideration is ensuring the safety of the public. In determining whether the applicant is a ‘fit and proper’ person, the Sub-Committee has taken into account all matters concerning the applicant. The applicant did not attend in person and did not submit any written representations. In light of the seriousness of the applicant’s offences, the Sub-Committee decided to proceed in his absence. The police confirmed that the applicant was convicted for driving under the influence of a controlled drug on 28th June 2023. The court disqualified the applicant from driving for 12 months with immediate effect and levied a fine. The same day the applicant was arrested for driving while disqualified and driving with no insurance. He was convicted the next day and sentenced to 12 weeks in prison, suspended for 12 months, and disqualified from driving for 24 months. The Sub-Committee had regard to paragraphs 5.35 and 5.36 of the Council’s Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades. Guidance states that a licence will not normally be granted to an applicant convicted for driving under the influence of drugs until at least 7 years have elapsed since the completion of any sentence or driving ban imposed. Similarly, the guidance states that an applicant convicted for driving without insurance will not be granted a licence until at least 7 years have elapsed since the completion of any sentence imposed. The Sub-Committee placed considerable weight on the applicant’s repeat offending. It determined that he was not a fit and proper person to hold a combined hackney/private driver’s licence. Therefore, the Sub-Committee decided not to depart from the Council’s guidance in this instance and to revoke the applicant’s licence with immediate effect. RESOLVED The decision has been made to revoke the applicant’s licence with immediate effect.
Having convened in private session under the terms of Section 100A(4) of the Local Government Act 1972, the Sub-Committee considered the comments from Nigel Lewis, Dyfed-Powys Police Licensing Officer, and Nathan Miles, Interim Public Protection Manager on the report by the Director of Community Services regarding the Combined Hackney Carriage/Private Hire Vehicle Drivers Licence for Mr B. The Applicant was not present at the Hearing and had been provided appropriate notice and opportunity for submissions, none had been received. The Solicitor then outlined the options for consideration by the Sub-Committee. The Sub-Committee then retired to undertake its consideration of the matter and the representations submitted. RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting for the current item of business on the grounds that it involves the likely disclosure of exempt information under Section 12A to the Act. The Sub-Committee then returned and announced the following decision: DECISION The Sub-Committee must decide whether the applicant is a ‘fit and proper’ person to retain a combined hackney carriage/private driver’s licence. In reaching its decision, the Sub-Committee has considered both the written representations and the oral representations it has heard today. The Sub-Committee’s principal consideration is ensuring the safety of the public. In determining whether the applicant is a ‘fit and proper’ person, the Sub-Committee has taken into account all matters concerning the applicant. The applicant did not attend in person and did not submit any written representations. In light of the seriousness of the applicant’s offences, the Sub-Committee decided to proceed in his absence. The police confirmed that the applicant was convicted for driving under the influence of a controlled drug on 28th June 2023. The court disqualified the applicant from driving for 12 months with immediate effect and levied a fine. The same day the applicant was arrested for driving while disqualified and driving with no insurance. He was convicted the next day and sentenced to 12 weeks in prison, suspended for 12 months, and disqualified from driving for 24 months. The Sub-Committee had regard to paragraphs 5.35 and 5.36 of the Council’s Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades. Guidance states that a licence will not normally be granted to an applicant convicted for driving under the influence of drugs until at least 7 years have elapsed since the completion of any sentence or driving ban imposed. Similarly, the guidance states that an applicant convicted for driving without insurance will not be granted a licence until at least 7 years have elapsed since the completion of any sentence imposed. The Sub-Committee placed considerable weight on the applicant’s repeat offending. It determined that he was not a fit and proper person to hold a combined hackney/private driver’s licence. Therefore, the Sub-Committee decided not to depart from the Council’s guidance in this instance and to revoke the applicant’s licence with immediate effect. RESOLVED The decision has been made to revoke the applicant’s licence with immediate effect.
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