Issue - meetings

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.

The Chair welcomed everyone to the meeting. He highlighted 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 was a fit and proper person

• The person did not pose a threat to the public

• The public was safeguarded from dishonest persons

• Children and young people were safeguarded

• Vulnerable people were safeguarded

• The public was confident 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 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. He noted that the convictions were historical-  in a period when he was young and foolish. He highlighted that he had experience of working as a taxi driver and had been offered work with the local company. He added that he had worked for the Cross Rail company for years where detailed checks were carried out to ensure his suitability for the post.

In response to a question as to why he had not acknowledged the convictions on his application form, he noted that the last conviction had happened in 1987 (36 years ago) and he therefore thought that they would be spent. He apologised that he was not aware that historical convictions continued to be considered when applying for a hackney/private hire driver's licence.

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 report of the Licensing Department

·      DBS Statement

·      The applicant's application form 

·      Verbal observations by the applicant

Specific consideration was given to the following matters:

Background

In January 1970, the applicant had received a conviction for causing Indictable Common Assault contrary to S.42+S.47 of the Offences Against the Person Act, 1861 and burglary and theft from a dwelling contrary to The Theft Act, 1968.9(1)(B). He had been sentenced at Caernarfon Juvenile Court and sent to a Detention Centre for three months. 

In April 1982 he had received a conviction for handling stolen goods contrary to S22 of the Theft Act 1968 and causing Actual Bodily Harm (ABH) contrary to the Offences Against the Person Act, 1861. He had been sentenced at Gwyrfai Magistrates Court and received a suspended sentence of 2 years.

In May 1983, he had received a conviction for Assault causing Actual Bodily Harm (ABH) contrary to S.47 of the Offences Against the Person Act, 1861.  ...  view the full minutes text for item 5