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  • Agenda item

    APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE

    • Meeting of General Licensing Sub Committee, Thursday, 1st August, 2019 10.00 am (Item 6.)

    To consider an application by Ms B

     

    (separate copy for sub-committee members only)

     

     

    Minutes:

    a)    The Chair welcomed everyone to the meeting. She 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 Manager submitted the written report on the application received from Ms B for a new 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 her application and provide information about the background of the offence and her personal circumstances. She highlighted that the offence had occurred as a result of 'being in the wrong place at the wrong time'.  She noted that her family ran a taxi company and she had been offered work to assist the business over the weekends.

     

    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 '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 had received a caution from North Wales Police (June 2015) for an offence of Battery contrary to section 39 of the Criminal Justice Act 1988.

     

       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 she was a fit and proper person to hold a licence.  The applicant has a responsibility to show that she is a fit and proper person. Paragraph 2.3 of the Policy states that 'other matters for consideration' include cautions.

     

    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 6.1 states that licensed drivers have close regular contact with the public therefore the sub-committee should adopt a robust stance with those who have offences involving violence. Paragraph 6.2 states that anyone who has been found guilty of violence-related offences is unlikely to receive a licence until he/she has been free from such conviction(s) for at least three years.   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 for common assault that is less than three years prior to the date of application. The paragraph lists offences and common assault is included in the list.

     

      dd)     The Sub-committee determined that the 2015 offence was a violent offence. However, as this had occurred over 4 years ago, beyond the period of 3 years, paragraphs 6.2 and 6.5 of the Policy were irrelevant, and there was no reason to refuse the application.

     

    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.