To consider
an application by Mr A
(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
• That the public are
safeguarded from dishonest persons
• The safeguarding of
children and young people
• The safeguarding of
vulnerable persons
• The public have
confidence in their use of licensed vehicles.
The Licensing Manager presented a written report on
the application received from Mr A. for a 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's representative (and prospective employer) was invited to
expand on the application and provide information about the background of the
applicant's offences. He highlighted
that they were historical offences and the applicant accepted that he had made errors
in the past, however, his focus was now on raising and supporting his
family. Although he had a full time
job, it was noted that he required a flexible job in order to be able to spend
time supporting his son who attended football training sessions in Manchester.
In reply to a question asking if the employer was willing to employ a
person with offences relating to dishonesty, he stated that he was willing to
give him an opportunity.
The applicant and his representative 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 Vehicles'
• 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 disclosing
the convictions
Specific consideration was given to the following
matters.
The applicant had received a conviction from Bangor Youth Court (March
1995) for robbery and common assault. As
a result, he received a community service order. The applicant had received a conviction from Bangor
Youth Court (March 1996) for common assault and affray. As a result, he received a community service
order, an order to pay damages of £50.00 and costs of £150.00. He received a
conviction from Bangor Magistrates' Court (September 1999) for being drunk and
disorderly. He was given a fine of
£35.00 and an order to pay costs of £65.00. He received a conviction from Conwy
Magistrates Court (May 1996) for using abusive language and threatening
behaviour with the intent to cause fear or induce violence, and common
assault. For these offences he received
a community order, curfew of 3 months and an order to pay costs of £60.00.
Paragraph 2.2 of the Council's Policy was considered, this states that a person
with a conviction for a serious offence need not be automatically barred from
obtaining a licence, but would normally be expected to remain free of
conviction for an appropriate period as stated in the Policy, and to show
evidence that he or she was a fit and proper person to hold a licence.
It was highlighted that paragraph 4.5 of the Council policy stated that a
Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2002 allowed
the Sub-committee to take into account all convictions recorded against an
applicant, whether spent or not.
Paragraph 6.5 of the policy was considered, which states that an application
will normally be refused if the applicant had a conviction for an offence of a
violent nature during the last 3 years.
Furthermore, paragraph 6.6 of the policy was considered, which states
that an application will normally be refused if an applicant has more than one
conviction in the last 10 years for an offence of a violent nature.
Paragraph 8.2 was
considered, which states that an application will normally be refused where the
applicant has a conviction that is less than 3 years prior to the date of the
application for a dishonesty offence (this includes theft). Although the 1985 conviction included
dishonesty offences, it was considered that this had occurred over 3 years ago
and therefore the Sub-committee was of the view that these offences were not a
reason to refuse.
It was highlighted that the rest of the DBS statement related to offences of a
violent nature. However, only one of
those offences had occurred during the last 10 years, (9 years 9 months ago
from the date of the Sub-committee hearing).
Under the circumstances, the Sub-committee was satisfied having
considered paragraphs 6.5 and 6.6 that none of these convictions should be a
reason for refusing the application.
The Solicitor reported that the decision would be
confirmed formally by letter sent to the applicant with details of his right to
appeal.