To consider
an application by Mr A
(separate
copy for sub-committee members only)
Minutes:
The Chairman welcomed everyone to the meeting. He highlighted that the
decision would be made in accordance with Gwynedd Council'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 and the aim was to protect the public by ensuring that:
• A person is a fit and proper person
• The person does not pose a threat to the public
• That the public are safeguarded from dishonest persons
• The safeguarding of children and young people
• The safeguarding of vulnerable persons
• The public have confidence in their use of licensed vehicles.
The applicant's representative was invited to expand on the application and
provide information about the background of the offence and the applicant's
personal circumstances. It was noted
that Mr A had received a conviction for a series of offences relating to being
in possession of an offensive weapon. He
highlighted that the offences were historical and there was no element of
violence associated with the incident.
It was added that the applicant had now settled in Anglesey and was
seeking employment to support himself and his partner. It was noted that he had a clean driving
licence.
The applicant and his representative 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 from Gwynedd Council.
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
·
verbal observations presented
by the applicant and his representative during the hearing
·
the Licensing Department's
report along with the DBS statement disclosing convictions.
Specific consideration was given to the following matters.
The applicant had received a conviction for a series of offences from
Arbroath Sheriff Court (March 2004). The
first offence related to being in possession of an offensive weapon contrary to
Section 47 of the Criminal Law Act (Scotland) 1995, and he received a fine of
£200.00. The second offence was due to failure, or without reasonable excuse,
to appear at court contrary to the Criminal Procedure Act (Scotland) 1995, and
he received a fine of £50.00. The third offence was for breaching the peace and
he received a fine of £100.00.
Paragraph 2.2 of the Council's Policy was considered, this 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
conviction for an appropriate period as stated in the Policy, and to show
evidence that he/she 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
4.5 of the Council policy was considered which stated that the Rehabilitation
of Offenders Act 1974 (Exceptions) (Amendment) Order 2002 allowed the
Sub-committee to take into account all convictions recorded against an
applicant, whether spent or otherwise under the 1974 Act.
Paragraph 6 of the Policy deals with offences of violence and paragraph 6.5
states that an application for a licence will normally be refused if the
applicant has a matter to be considered (including warnings) for common assault
that is less than three years prior to the date of application. This paragraph
lists amongst other matters offences that deal with being in possession of a
weapon other than a gun, and similar offences.
The Sub-committee concluded that the conviction from 2004 was in relation to a
violent offence. The offence of being in possession of a weapon had occurred in
Scotland, and it was considered in the same manner as being in possession of a
weapon in Wales and it was therefore sensible to consider this under paragraph
6.5 of the policy. However, as the
conviction dated back to over 14 years ago, (beyond the policy requirements of
three years) there was no reason to refuse the application.
The Solicitor reported that the decision would be
confirmed formally by letter sent to the applicant and the Licensing Unit would
be in contact to confirm the licence documentation.