Agenda item

To consider an application by Mr A

(separate copy for sub-committee members only)

a)    The Chair 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's representative was invited to expand on the application and provide information about the background of the offences and his personal circumstances. It was highlighted that the offence had occurred when the applicant was in his teens. It was reiterated that the applicant had been working in the care field for over 12 years and now wanted to change direction.

The applicant and his representative withdrew from the room while the Sub-committee members 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 and his representative during the hearing

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

The applicant received a conviction from Anglesey Magistrates' Court in February 2005 on one charge of burglary and theft from a residential property, contrary to section 9(1) of the Theft Act 1968. He received an 18 month supervision order. Later in May 2005, he received two convictions from Anglesey Magistrates' Court for stealing from a person, again, contrary to Section 1, Theft Act 1968. For these convictions, he received a supervision order and an order to pay compensation and costs. Both supervision orders were quashed early on the grounds of good behaviour.

Paragraph 2.2 of the Council's Policy was considered, in which it 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 prove that he 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 dishonesty offences, was considered together with paragraph 8.1 that stated that a serious view was taken of any conviction involving dishonesty. Paragraph 8.2 noted that an application would normally be refused where the applicant had a conviction(s) for an offence listed, 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 burglary and theft, amongst other offences.

The Sub-committee determined that the offences concerned offences of dishonesty.  However, as the last offence had occurred in 2006, over 13 years ago (beyond the period of 3 years), paragraph 8.2 was 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.