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  • Agenda item

    APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE

    • Meeting of General Licensing Sub Committee, Wednesday, 20th March, 2019 10.00 am (Item 6.)

    To consider an application by Mr B

     

    (separate copy for sub-committee members only)

     

    Minutes:

    The Chair 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 with the aim of protecting the public by ensuring that:

     

    •       The 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 applicant and his prospective employer were invited to expand on the application and offer an explanation on the offences. As the applicant did not now have the right to benefits nor pension credit, he was in need of employment. The prospective employer confirmed that he had a 16-hour post for the applicant and that he trusted him to complete the work, having known him for over 50 years.

     

    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 Licensing Policy for Hackney Carriages and Private Hire Vehicles' 

    ·         the applicant's application form

    ·         verbal observations presented by the applicant during the hearing

    ·         the comments of his prospective employer

    ·         the Licensing Department's report along with the DBS statement

     

    Specific consideration was given to the following matters.

     

    The applicant received a conviction from North West Wales Magistrates' Court (November 2017) for a charge of fraud as he had not reported a change in circumstances which would have affected his right to benefits payments (February 2014). The offence was contrary to section 111A(1A) of the Social Security Administration Act 1992, and the applicant was fined £180.00 and ordered to pay costs of £85.00 and a victim's surcharge of £30.00. It was highlighted that he had no further convictions nor cautions

     

    Paragraph 2.2 of the Council's Policy was considered, in which it was stated 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 was a fit and proper person to hold a licence.  The applicant had a responsibility to show that he/she was 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 8.0 of the Policy, which addressed fraudulent offences, was considered. Paragraph 8.2 noted that an application would normally be refused or an existing licence suspended or revoked, if there was a conviction against the applicant/licence holder for a listed offence, and that the conviction was received less than three years prior to the date of application. It was noted that the list of offences included, amongst others, benefit fraud.

     

    Main observations arising from the discussion:

    ·         The applicant had only one conviction

    ·         The benefit fraud offence fell low on the spectrum of seriousness (due to the nature and sum of the penalty). The applicant confirmed his situation regarding failure to declare that his wife received payment from an elderly neighbour for assistance around the house. There was no evidence that the applicant had substantially gained financially as a result of committing the offence. The relatively low sentence received for the conviction (a fine, as opposed to imprisonment) confirmed the Sub-committee's opinion that the offence was not amongst the most serious cases of fraud.

    ·         That there was a high level of trust toward the applicant within the community

    ·         That his prospective employer was eager for him to join his company to work as a taxi driver.

     

    Having considered all matters, the Sub-committee was of the opinion that deviation from the recommendation within the Policy could be justified in this case. Under the circumstances, the Sub-committee was satisfied that the applicant was 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 a letter sent to the applicant and that the Licensing Unit would be in contact to confirm the licence documentation.