To consider
an application by Mr 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
• 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 applicant was invited to expand on his application
and offer an explanation on the offences. He noted that he had a keen interest
in cars and driving cars and was in the process of opening a garage in the near
future. He reiterated that he had
completed a number of driving courses and that a job as a taxi driver would be
an opportunity to receive additional income to support his enterprise. He noted that AS Cabs had offered him
flexible hours as a driver should his application be successful, that he had
completed a health check and was paying for the licence out of his own pocket.
He confirmed that he had not consumed alcohol since 2005 and that he did not
take drugs.
He withdrew from the room whilst Sub-committee members
discussed the application.
RESOLVED that the
applicant is a fit and proper person to be issued with a hackney
vehicle/private hire driver's licence from Gwynedd Council.
In reaching its decision, the Sub-committee considered
the following:
• The requirements of the 'Gwynedd Council's
Licensing Policy for Hackney Carriages and Private Hire Vehicles' Gwynedd
• the applicant's application form
• verbal observations, documents, photographs
submitted by the applicant during the hearing
• the Licensing Department's report along with
the DBS statement disclosing convictions.
Specific consideration was given to the following
matters.
The applicant received a conviction (March 2006) from Mold Crown Court for causing and injury to a person
contrary to the provisions of the Offences Against the Person Act 1861. He
received a 9 month custodial sentence which was suspended for two years, a 12
months protection order, 250 hours of unpaid work and an order to pay £600 in
costs. In May 2011, he received a
conviction from Gwynedd Magistrates' Court for two drug related offences
contrary to the Misuse of Drugs Act 1971 - one for producing cannabis and of
being in possession of cannabis resin (December 2010). He was sentences to 12
months on a community order and an order to carry out 80 hours' unpaid work for
possession and a 12 month community order, an order to carry out 80 hours'
unpaid work and costs of £85. The drugs
were seized and destroyed.
Attention was drawn to the fact that the applicant
volunteered the information in his application form that he has a conviction
for driving without insurance (July 2012) where he was issued with three
points.
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/she is a fit and proper person to hold a licence. The applicant has a responsibility to show
that he/she is a fit and proper person.
Paragraph 4.5 of the Council policy was
considered which stated that the 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
otherwise under the 1974 Act.
Paragraph 6 of the Policy addresses violent offences.
Paragraph 6.5 of the Policy states that an application for a licence will
usually be refused if the applicant has a matter to be considered (including
warnings) for common assault that is less than three years prior to the date of
application.
Consideration
was given to section 9 of the Policy which discusses drug-related offences and
it was highlighted that section 9.1 outlined that any offence related to drugs
is a serious matter and that the nature and volume of the drug in question
should be considered. It was reiterated that an application would be refused if
there was more than one conviction against the applicant for drug possession
offences, and he had not been free from conviction for at least five
years. Paragraph 9.4 of the Policy
states that a licence application will normally be refused where the applicant has
an isolated conviction for an offence related to the possession of drugs within
the last 3 years.
Paragraph
12.1 defines serious offences that include driving a vehicle without insurance
with 12.3 noting that the application would be refused if there is a conviction
against the applicant and he has not been free from conviction for at least six
months.
The
sub-committee also gave consideration to paragraph 16.1 of the Council's policy
that dealt with repeat offending. Firstly, it was necessary to ensure that the
convictions satisfied the individual policy guidelines, but that they together
created a history of repeat offending that indicated a lack of respect for the
welfare and property of others. Under the Policy it was a requirement that 10
years had elapsed since the most recent conviction.
The
Sub-committee considered that the first offence equates to a violent offence
but with 12 years having passed, there is no basis to refuse the application.
Nevertheless, there could be grounds to refuse the application in light of
paragraph 16.1. The Sub-committee
considered that the second conviction relates to drugs offences, but as 7 years
have elapsed, there are no grounds to refuse the application. The Sub-committee
considered that the offence of driving without insurance is a serious traffic
offence, but again, 8 years have elapsed and there are no grounds to refuse the
application.
However, the first two offences created a history of repeat
offending which demonstrates a lack of respect towards the welfare and property
of others and consequently there is a need to consider paragraph 16.6 of the
policy which notes that 10 years must elapse since the most recent conviction.
The Solicitor highlighted that the Policy's
provisions are not mandatory and it is possible to deviate from the
recommendations if the facts of the case justify this. Having considered the
applicant's explanation for the circumstances of the convictions, the
Sub-committee decided that the circumstances of the application justified a
deviation from the Policy's prohibition, for the following reasons:
·
The applicant confirmed that the 2005 conviction happened during the Sesiwn Fawr Dolgellau festival
where he was attacked by two men. The applicant
lost his temper and threw a bottle at one of the men. The police officers
arrived at the scene and he admitted that he was guilty and was taken to the
cells. He noted that he had abstained
from alcohol since that incident. The Sub-committee was of the opinion that this
conviction was a one-off incident where he was provoked, was out of character
and also led to a change in attitude.
The absence of any additional offences, along with the abstaining from
alcohol since that time strengthened the case.
·
The applicant confirmed that the 2011 conviction was related to an incident
where he allowed his friend to leave one cannabis plant at his property. He noted that he had not taken drugs neither did he play
any part in producing drugs. The Sub-committee had a firm opinion on illegal
drugs, however it was considered that the applicant's behaviour in this case
was relatively innocent and that the sentence of a community order (and no
fine) by the Magistrates' Court reflected this. There was no evidence of
large-scale production, and there was no evidence of any economic gain.
Under the circumstances, the
Sub-committee was satisfied that Mr A is a fit and proper person to hold a
hackney vehicle/private hire driver's licence. The Solicitor reported that the decision would be confirmed
formally by letter to the applicant.