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.