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 Licensing Officer presented the written report on
the application received from
Mr A for a hackney/private hire driver's licence. The Sub-committee was requested to consider the
application in accordance with the DBS record, and
the guidelines on relevant criminal offences and convictions.
It was explained that the applicant had made an application for a licence in July 2015, when the application was checked and determined on the
basis of an officer's assessment. The Licensing Unit's records indicate that the application was not referred to a hearing of this Sub-committee in accordance with delegated rights and relevant clauses of the Council's
Constitution. It was added that the applicant had not renewed his licence in 2016 until a new application was submitted in 8.11.18.
The applicant's representative
was invited to expand on the application and provide
information about the background of the offences and
the applicant's personal circumstances. It was noted that
Mr A had been judged to be a fit and proper person by an officer in 2015, and that nothing had changed
since then. It was noted that he
was self-employed as a floor installer, however, the work had now
quietened down.
It was added that that there
was a driving offence on the applicant's
licence until 2020.
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 received
a conviction for an offence of Violent Disorder by Caernarfon Crown Court (July 1990) contrary to the Public Order Act 1986, where he was ordered
to undertake 210 hours of community work and pay costs of £320.00. In September 1991, he received convictions
for a series of offences by
Bangor Magistrates Court contrary to the Policing Act
1964. The offences
included obstructing the Police and two
offences that their details have
not been fully included on the DBS record. He received a fine of £150.00. In September 1996, he received a conviction
from Bangor Magistrates Court for a general
assault, contrary to section 39 of the Criminal Justice Act 1988 where he was ordered to pay damages of £500 and costs of £50.
In June 1998, he received
a conviction from South
Anglesey Magistrates for an offence of failing
to provide a specimen for analysis in
relation to being responsible for a motor vehicle (contrary to the Road Traffic Act 1988). He received a fine of £160, costs of £60 and was disqualified from driving for
12 months. In August 2002, he received a conviction from Bangor Magistrates Court for a series of offences contrary to the Road Traffic Act 1988. He failed to provide a specimen for analysis in
relation to being responsible for a motor vehicle as well as failing a breathalyser test. He received a fine of £250.00, an order to pay costs
of £35 and was disqualified
from driving for three years
(reduced by 7.5 months having undertaken a course). In July 2017, he
received three points on his licence
for driving at a speed above the statutory driving limit.
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 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 otherwise under the 1974 Act.
Paragraph 6 of the Policy deals with offences of violence and paragraph 6.4
notes that an application for a licence will normally be refused if the
applicant has a conviction for one of the offences listed unless a period of 10
years has elapsed. The paragraph lists
amongst other matters offences that deal with violent disorder and similar
offences. Paragraph 6.5 of the Policy
states that an application for a licence will usually be refused if the
applicant has a matter to be considered for common assault that is less than
three years prior to the date of application. The paragraph lists amongst other
matters offences that deal with common assault and obstruction. Paragraph 6.6 states that an application will
normally be refused if an applicant has more than one conviction in the last 10
years for an offence of a violent nature.
Paragraph 11 of the policy addresses offences involved with drink-driving
which include a failure to provide a specimen. Paragraph 11.2 notes that
applicants with more than one conviction are unlikely to be granted a licence
unless a period of 10 years has elapsed since the last conviction.
Paragraph 16.1 of the Council's policy deals with repeat offending. Firstly, it is necessary to ensure that the
convictions satisfy the individual policy guidelines, but that they together
create a history of repeat offending that indicates a lack of respect for the
welfare and property of others. The policy states that 10 years must elapse
since the most recent conviction.
The Sub-committee concluded that the convictions dealing with violent
crimes should be measured under paragraphs 6.4 and 6.5 of the policy. However, as these convictions were historical
(beyond the policy requirements of three years) there was no reason to refuse
the application.
The Sub-committee considered that the convictions dealing with failing to
provide a specimen should be measured under paragraphs 11.2 and 15.1 as cases
of disqualification from driving indicated a lack of respect for the welfare of
others. However, as these conviction were historical (beyond the policy
requirements of ten years) there was no reason to refuse the application.
The Sub-Committee gave consideration to the fact that the applicant had
been issued with a hackney vehicle/private hire vehicle driving licence from
Gwynedd Council in 2015. The
application was approved by
the Licensing Officer, rather than a Sub-Committee
on the grounds that the applicant
was fit and proper. However, it was emphasised
although the officer would have refused the application,
the Sub-committee would
have come to the same conclusion namely
that the offences should not be grounds 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.