APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE
To consider
an application by Mr B
(separate
copy for sub-committee members only)
Decision:
Minutes:
The Chair welcomed everyone
to the meeting. She explained that the decision would be made in accordance
with Cyngor Gwynedd'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
• The safeguarding of vulnerable persons
• The public have confidence in using licensed
vehicles.
The Licensing Manager submitted a written report on
the application received from Mr B for a hackney/private hire vehicle 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 together with a taxi driver's safety certificate. It was
highlighted that the applicant had not declared any previous convictions on his
application form. The Licensing
Authority had recommended that the Sub-committee should refuse the application.
The applicant was invited to expand on the
application and provide information about the background of the sentence, why
he had not stated that he had previous convictions on his application form and
his personal circumstances. He explained
that he had served 1 month in prison and he then had
to wear a tag as his friend had threatened a witness by using his phone. He also highlighted that he had only one
conviction /incident and not convictions / incidents as noted in the
report. He apologised for not disclosing
the offence on his application form and explained that he was not good at
completing forms.
RESOLVED that the
applicant was a fit and proper person to be issued with a hackney/private hire
vehicle driver's licence from Cyngor Gwynedd.
In reaching its decision, the Sub-committee considered
the following:
· The requirements of 'Cyngor Gwynedd'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 applicant's verbal representations
Specific consideration was given to the
following matters:
Background
In August 2008 the applicant was found guilty of
intimidating a witness or juror with the intention of preventing, perverting or intervening with the course of justice
contrary to the Criminal Justice and Public Order Act 1994 S.51 (1) and he
received a sentence of imprisonment for 6 months.
RELEVANT CLAUSES OF
THE POLICY
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 he will be expected to have been free of any conviction for an
appropriate period as stated in the Policy, and to show evidence that he 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.
Clause 2.3 of the Policy notes ... view the full minutes text for item 6