To consider an application by Mr C
(separate copy for sub-committee members only)
Minutes:
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 C 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
the applicant's personal circumstances.
The applicant withdrew from the room while members of the Sub-committee
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 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
In 1976, the
applicant was convicted by Nant Conwy Magistrates' Court for possessing an
offensive weapon in a public place and for causing actual bodily harm contrary
to the Prevention of Crime Act 1953 and the Offences Against
the Person Act 1861. In June 1978, he received a conviction from Caernarfon and
Gwyrfai Magistrates' Court for a series of offences -
actual bodily harm, refusing to leave licensed premises and two counts of
criminal damage. He was given a fine of £80 and ordered to
pay damages of £9. In October 1985, the applicant was
found guilty of two charges of criminal damage contrary to the Criminal
Damage Act 1971 - he received a fine of £75 and ordered to pay damages of
£54.07. In December 1987, the applicant received a conviction for two offences
of obstructing the Police, contrary to the Police Act 1964, and criminal
damage. He was given a fine of £75, an order to pay
costs of £15 and a fine of £26.45. In November 2005, he received a conviction
from Gwynedd Magistrates' Court on two counts of driving a vehicle without
insurance and driving a vehicle under the influence of alcohol
which was contrary to the Road Traffic Act 1988. He was
given a fine of £100, he received points on his driving licence and he
was banned from driving for 56 days.
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 6 of the Policy addressed violent offences. Paragraph 6.1
stated that licensed drivers had close, regular contact with the public therefore the sub-committee should adopt a robust stance
with those who had offences involving violence. Paragraphs 6.3 - 6.5 of the Policy
stated that an application for a licence would usually be refused if the
applicant had a matter to be considered for common assault that was less than
three years prior to the date of application. The paragraph listed offences,
and common assault, possession of a weapon and criminal damage was included in
the list. Paragraph 6.6 stated that an application would be
refused if an applicant had more than one conviction within the last 10
years for an offence of a violent nature.
Paragraph 11.0 which addressed drink-driving
offences, was considered. In paragraph 11.1, it was noted
that a serious view would be taken of convictions for driving or being
responsible for a vehicle under the influence of alcohol / drugs. Any one who had been found guilty of offences relating to drink-driving was unlikely to receive a licence until they
had been free from a conviction(s) for at least three years.
The Sub-committee resolved that a number of these offences were
violence-related. However, as the last offence had occurred in 1987, over 31
years ago (which is beyond the period of 3 years), paragraph 6.6 was irrelevant
and, therefore, there was no reason to refuse the application.
The Sub-committee
determined that the drink-driving offence was also a historical offence, along
with the driving ban. However, as the last offence had occurred in 2005, over
13 years ago, paragraph 11.1 was irrelevant and, therefore, 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.