Agenda item

To consider an application by Mr A

(separate copy for sub-committee members only)

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.