Agenda item
To consider
an application by Mr A
(separate
copy for sub-committee members only)
Minutes:
a)
The
Chairman welcomed everyone
to the meeting. He explained 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 using
licensed vehicles.
The Licensing Officer presented a written report on an 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 was invited to expand on his application and provide
information about the background to the offences and his personal circumstances.
He explained that the
violence-related incidents were
part of his past and that he now
ran a taxi company. He added that the convictions had not been discussed during his previous
application for a licence and that waiting for a hearing and decision had meant
that he had
lost work. He noted that no complaints had been received about his service.
The applicant withdrew from the room while members of the Sub-committee discussed the
application.
b)
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.
c)
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'
·
the applicant's application form
·
verbal observations presented by the applicant during the hearing
·
the Licensing Department's
report along with the DBS statement
ch) The
applicant received a conviction at Caernarfon Magistrates' Court in June 2004
for an offence of common assault contrary to the Criminal Justice Act
1988. He was ordered
to pay a fine of £50 and damages of £100. He received a conviction at
Denbighshire Magistrates' Court in March 2006 for an offence of battery,
contrary to section 39 of the Criminal Justice Act 1988. He also received a conviction for using
threatening, aggressive/insulting language likely to cause harassment, alarm or
distress contrary to the Public Order Act 1986. He received a 12 month
community order and a supervision order following the incident together with an
order to pay damages of £75 and costs of £350.
In June 2018, he received six penalty points on his driving licence for
breaching the vehicle control requirements, mobile phone etc.
d) 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 permanently barred from obtaining a licence, but should be expected
to be free from conviction for an appropriate period as stated in the Policy,
and to show evidence that he was a fit and proper person to hold a licence. The applicant has a responsibility to show that he 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 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 of common assault to be considered which occurred
less than three years before the application date. The paragraph lists offences
and common assault is included in the list.
Paragraph 6.6 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 13.3 states
that more than one conviction for a minor driving offence or another matter to be considered could lead to an application being refused,
especially if there are several convictions or other matters to be considered
for the same offence. The licensed driver can be referred for the attention of
the Licensing Sub-committee is there are more than two offences or a total of six points on a licence.
Paragraph 16.1 of the
Council's policy deals with repeat offending.
Firstly, it is necessary to ensure that the convictions, independently,
satisfy the policy guidelines, but that, collectively, they create a history of
repeat offending that indicates a lack of respect for the welfare and property
of others. The Policy states that 10
years must have elapsed since the most recent conviction.
dd)
The Sub-committee gave specific consideration to the following matters
·
that the offences in 2004 and
2006 were violence-related. Since these
offences took place more than 10 years ago, there was no grounds to refuse the
application under paragraphs 6.6 and 16.1 of the Policy.
·
that the driving endorsements, although concerning, did not reach the threshold for application
refusal.
The Sub-committee
was of the opinion that the applicant was a fit and proper person to hold a
hackney vehicle and private hire driver's licence.
The Solicitor reported that the decision would be confirmed
formally by letter to the applicant.