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  • Issue - meetings

    APPLICATION

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    Meeting: 07/05/2024 - General Licensing Sub Committee (Item 7)

    APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE

    To consider an application by Mr C

     

    (separate copy for sub-committee members only)

     

    Decision:

    DECISION

     

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

     

    Minutes:

    The Chair welcomed everyone to the meeting. He 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

    • Vulnerable persons are protected

    • The public have confidence in using licensed vehicles.

     

    The Licensing Manager submitted the written report on the application received from Mr C for a hackney/private hire driver’s licence. The Sub-committee was requested to consider the application in accordance with the relevant convictions. It was noted that the applicant had acknowledged the conviction on his application form for a licence.

     

    The Licensing Authority recommended that the Sub-committee should approve the application.

     

    The applicant was invited to expand on his application and provide information about the background of the offence. He noted that the incident had happened during a difficult divorce. He emphasised that the conviction was non-violent (A2) and related to a lack of communication. He added that he always explained the situation to employers and was embarrassed by his behaviour.

     

    RESOLVED

     

    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 March 2017, the applicant received a conviction at Gwynedd Magistrates' Court for conduct amounting to harassment, contrary to the Protection from Harassment Act 1997 S.2(1) + S.2(2). The applicant received a 20-week sentence suspended for 18 months plus a £425 fine, a requirement to undertake unpaid work and rehabilitation activity. A restraining order was also imposed on the applicant. 

     

    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 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/she is a fit and proper person to hold a licence. The onus is on the applicant to show that he/she is a fit and proper person. ⁠Paragraph 2.4 states that when an applicant has a conviction(s) or there are other matter(s) to be considered in connection with that, the Council cannot review the merits of that conviction or the 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  ...  view the full minutes text for item 7


     

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