To consider an application by Ms B
(separate copy for sub-committee members only)
Minutes:
The Chairman welcomed everyone to the meeting. He highlighted 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 and the aim was to
protect the public by ensuring that:
·
A 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 their use of licensed vehicles.
The Licensing Manager submitted the written report on the application
received from Ms B for a new hackney/private hire driver’s licence. The
Sub-committee was requested to consider the application in accordance with the
DBS record, and the guidelines on relevant criminal offences and convictions.
The applicant was
invited to expand on the application and provide information about the
background of the offences. She highlighted that the crimes had taken place
during her teenage years and that she was now a mother to three children and
was trying to do the best for them. She reiterated that she had written letters
of apology to everyone who had been affected by her behaviour in January 2004.
She noted that she had been offered a part-time job driving a taxi to transport
children, the elderly and the disabled. Her wish was to assist and offer a
service for the public. The applicant withdrew from the room while the
Sub-committee members discussed the application.
RESOLVED that the applicant
was a fit and proper person to be issued with a hackney vehicle/private hire
driver's licence from Gwynedd Council.
In reaching their decision, the Sub-committee considered the following:
·
the requirements of the
'Gwynedd Council's Licensing Policy for Hackney Carriages and Private
Hire'
·
the applicant's application
form
·
verbal observations
presented by the applicant and his representative during the hearing
·
the Licensing Department's
report along with the DBS statement that disclosed convictions
Specific consideration was given to the following matters.
The applicant had received a conviction from Caernarfon Magistrates'
Court - February 2004 for a series of offences that took place on January 2004,
of taking a motor vehicle without permission and two charges of theft. As a result, the applicant received an 11 month referral
order and an order to pay costs of £25.00. The applicant had no other
convictions.
Paragraph 8.2 of the Policy was considered, where it was
noted that the application would usually be refused when the conviction of
theft was less than three years old. As the conviction had taken place over 13 years ago, the Sub-committee
was satisfied that the conviction was not a reason for refusing the application.
The Sub-committee also considered section 12 and 13 of the Policy in relation
to the offence of taking without consent. The
Sub-committee found that the conviction was tantamount to a minor driving
offence, and it should not be reason for refusing the application.
The Solicitor reported that the decision would be confirmed formally by
letter sent to the applicant with details of her right to appeal.