To consider
an application by Mr A
(separate
copy for sub-committee members only)
Minutes:
The Chairman welcomed everyone to the meeting. He
emphasised 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 Officer presented the written report on
the application received from Mr A for a hackney /private hire vehicle driver's
licence. The Sub-committee was requested to consider the application in
accordance with the DBS record, the guidelines on criminal offences and the
applicant's driving licence report provided by the DVLA. Attention was drawn to
the fact that the applicant had noted a conviction for an offence under section
4 of the Public Order Act 1986 on his application form that was not included on
the DBS record.
The applicant was invited to expand on the application
and provide information about the background of the offences and his personal
circumstances. He explained each situation in detail, and outlined that he had
not received a conviction for failing to disclose information about the
identity of a driver, but had received a fixed penalty and points on his
licence. He added that he did not regularly drive vehicles, and that he was
primarily a back-up driver.
The applicant withdrew from the room while
Sub-committee members discussed the application.
RESOLVED that the
applicant was a fit and proper person to be issued with a hackney /private hire
vehicle 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 during the hearing
·
the Licensing Department's
report, the DBS statement and the applicant’s driving licence report provided
by the DVLA.
Specific consideration was given to the following
matters
The applicant had received a conviction in 2012 for an
offence under Section 4 of the Public Order Act 1986. In October 2016, he received
four penalty points on his driver's licence for breaking the speed limit on a
public road. Consideration was given to the additional six points that he
received in March 2018 for a breach of requirements regarding control of a
vehicle, mobile phones, etc. and a further six points for failing to disclose
information about the identity of a driver.
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 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 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 of the Policy deals with offences of violence, and paragraph 6.5 states that
an application for a licence will normally be refused if the applicant has a
matter under consideration in relation to common assault that is less than
three years prior to the date of application.
Consideration
was given to paragraph 12.2 that lists serious traffic offences for the
purposes of the Policy. Among these offences, MS90 - failure to provide information
about the identity of a driver, is included. Paragraph 12.3 of the policy notes
that an application will usually be refused where the applicant has a
conviction for a major traffic offence and has not been free of the conviction
for at least 6 months.
Condition
6 of the hackney and private hire vehicle driver licence was considered, that
notes that drivers are required to inform the Licensing Authority about any
conviction under traffic legislation. If a breach was found, paragraph 17.1 of
the Policy would apply, which outlines that it is unlikely that an application
would be approved unless a 12 month period has elapsed since the most recent
breach.
The
committee came to the conclusion that the conviction dating from 2012 related
to violence, but as a period of six years had elapsed since the incident
(beyond a three-year period), paragraph 6.5 was not relevant and therefore the
Sub-committee was satisfied that this was not grounds to refuse the licence.
Given the
driving endorsements, the Sub-committee concluded that they did not reach the
threshold for refusal, although they were a matter for concern. It was
highlighted that paragraph 13.1 of the Policy defined 'minor traffic offences'
as offences that incurred between 1 and 3 penalty points. However, it did not
follow that an offence that attracted four or more penalty points counted as a
major traffic offence for the purposes of the Policy. A 'major traffic offence'
was defined in paragraph 12.2 and the driving matters dating from October 2016
and March 2018 did not fall within those definitions. For the purposes of the
policy, it was considered that the endorsement in May 2018 was the only one
relating to a major traffic offence, and as the endorsement had occurred over
ten months ago, (beyond the six-month period), the refusal under paragraph 12.3
would not be applicable.
Following
confirmation from the applicant that he had received a fixed penalty notice and
points in relation to the endorsements (not a criminal conviction), the Sub-committee
was not of the opinion that there had been a technical breach of condition 6 of
the hackney and private hire vehicle driving licence. However, the
Sub-committee was of the opinion, as a good practice, that all matters should
be reported, and it was recommended that the applicant should inform the
Licensing Authority about any future endorsements.
The
Solicitor reported that the decision would be confirmed formally by letter sent
to the applicant and the Licensing Unit would be in contact to confirm the
licence documentation.