Issue - meetings

To consider an application by Mr B

(separate copy for sub-committee members only)

That the applicant is a fit and proper person to be issued with a hackney vehicle/private hire driver's licence from Gwynedd Council.

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