To consider
an application by Mr A
(separate
copy for sub-committee members only)
Decision:
That the applicant is a fit and
proper person to be issued with a hackney vehicle/private hire driver's licence
from Gwynedd Council.
Minutes:
a)
The Chair welcomed everyone to the meeting. He
explained 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, 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
• The public have confidence in using licensed vehicles.
The Licensing
Officer presented a written report on an application received from Mr A for a
hackney carriage/private hire driver's licence. The Sub-committee was requested to consider the application in accordance with
the DBS record, the guidelines on criminal offences and relevant convictions.
The Licensing Authority recommended that the Sub-committee should approve the
application.
The applicant was invited to expand on the
application and provide information about the background of the offences and
his personal circumstances. The
applicant explained that the incidents that were recorded
on the DBS were historical incidents and that he had now matured, changed his
behaviour and was now a parent. He added that he had been
offered a job as a taxi driver should his application be approved.
b) RESOLVED that the applicant
was a fit and proper person to be issued with a
hackney/private hire vehicle driver's licence from Gwynedd Council.
c) In reaching its decision, the Sub-committee had considered the following:
·
The requirements of
'Gwynedd Council's Licensing Policy for Hackney Carriages and Private Hire
Vehicles'
·
the applicant's application
form
·
the licensing department's
report and the DBS statement
·
the report of the Driver and Vehicle Licensing
Agency
·
the applicant's verbal
representations
ch) Specific consideration was given to the following matters
In October 2010,
the applicant was found guilty by Gwynedd Magistrates Court of disorderly
behaviour or the use of threatening / abusive / insulting language likely to
cause harassment, alarm or distress contrary to s5 (1) (A) of the Public Order
Act 1986. He received a conditional discharge for 12 months and an order to pay
costs of £85.00. In March 2011, the applicant was found
guilty by Gwynedd Magistrates Court of common assault contrary to s39 of the
Criminal Justice Act 1988. He was given a community order of six months, a two month curfew with an electronic tag to remain at an
address in the Barmouth area every day between 19:00
and 07:00 and an order to pay costs of £85.00.
In September 2019,
he received three penalty points for a speeding incident. The applicant
verbally confirmed that details on the licence (provided by the Driver and
Vehicle Licensing Agency) were accurate and that he had been
issued with a fixed penalty notice from the Police for this incident. He
also confirmed that he had been speeding in a further incident on an
unspecified date, but that he had attended a speed awareness course in relation
to the incident in question.
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 2.3 of
the Policy confirmed that "other matters to be considered" included
cautions. Paragraph 2.4 of the Policy
notes that when an applicant has a conviction(s) or other matter(s) to be considered for a criminal offence, the Council cannot
review the merits of the 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 otherwise under the 1974 Act.
Paragraph 6.0 of the
Policy addresses violent offences. Paragraph 6.1 states that, since licensed
drivers come into close contact regularly with the public, the sub-committee
shall adopt a firm stance towards those who have offences involving violence.
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 the application
along with a conviction under Section 5 of the Public Order Act 1986. Paragraph
6.6 of the Policy states that an application will normally be
refused if an applicant has more than one conviction for an offence of a
violent nature within the last ten years.
Section 13 relates to
minor traffic offences and mainly refer to offences that are
not listed in paragraph 12.2 of the Policy. Paragraph 13.2 was considered which highlighted that one conviction for a
minor driving offence could lead to an application being refused. It is noted in paragraph 13.3 that more than one conviction for
a minor driving offence or another matter to be considered could lead to an
application being refused, especially if there are several convictions or other
matters to be considered for the same offence, e.g. speeding.
d) The
Sub-committee determined that the speeding incidents amounted to minor traffic
offences. Although the Policy approved the refusal of the application under
these circumstances, the Sub-committee was of the opinion that the applicant had not been convicted and that he had attended a speed
awareness course for one incident, and that the speeding incidents should not
be a reason for refusing the application.
The
Sub-committee concluded that the convictions in October 2010 and March 2011
were violence-related offences. Although
the applicant was convicted, both cases had occurred
over three years ago and, therefore, were not a reason to refuse the
application under paragraph 6.5. However, with two convictions for
violence-related offences occurring within 10 years of the application, the
Sub-committee had to consider refusing the application under paragraph 6.6.
The Solicitor
highlighted that the Policy's provisions were not
mandatory and that the Sub-committee could deviate from the recommendations if
the facts of the case justified that. Particular consideration was given
to paragraph 5.1 of the report which addressed the
seriousness of the offences, their relevance, the date they were committed, the
date of conviction and the applicant's age at the time of conviction, the
sentence given by the Court and whether the offences related to a pattern of offending,
as well as any other relevant factors.
The Sub-committee gave specific consideration to the fact that, on the date of
the hearing, the conviction in October 2010, was three weeks short from the 10
year period. The conviction in March 2011 had also occurred over 9 years ago.
Should the hearing for this application be held three weeks in future, no
considerations would be given to paragraph 6.6. Also, it was added that although the applicant had offended
in the past, he had now matured and evidence of this could be seen in the DBS
record and a clean slate had been maintained for nearly a decade.
Having carefully
weighed up the evidence and the information, the Sub-committee was willing to
deviate from the presumption in favour of refusing the application in this case
and it was resolved that the applicant was a fit and
proper person to hold a hackney and private hire vehicle driver's licence. The
applicant was encouraged to accept the opportunity and to reduce his speed and
drive responsibly.
The Solicitor reported that the decision would be
confirmed formally by letter to the applicant.
The meeting commenced at 11.00am and concluded at 11.55am.