To consider an application by Mr A
(separate copy for sub-committee members only)
Minutes:
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 Licensing Authority recommended that the
Sub-committee should approve the application.
The applicant was not present to expand on his
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
·
the Licensing
Department's report along with the DBS statement
ch) Specific consideration was given to the
following matters.
The applicant received a conviction from Caernarfon and Gwyrfai
Magistrates' Court (August 2000) for being drunk and disorderly contrary to
section 91(1) of the Criminal Justice Act 1967. He was fined £50 and ordered to pay £30
costs. In January 2007, the applicant received a conviction from Gwynedd
Magistrates' Court for unruly behaviour or using threatening,
aggressive/insulting language likely to cause
harassment, alarm or distress contrary to section 5(1) (A) of the Public
Order Act 1986. He was given a
conditional discharge of 12 months together with an order to pay costs of
£75.00.
d)
Paragraph 2.2 of the Council's Policy was
considered, which states 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 any conviction for an appropriate period as
stated in the Policy, and to show evidence that the individual is a fit and
proper person to hold a licence. The
applicant has a responsibility to prove that he is a fit and proper person.
Paragraph 4.5 was
considered which states that the Rehabilitation of Offenders Act 1974 (Exceptions)
(Amendment) Order 2002 allows 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, since licensed
drivers come into close contact regularly with the public, the sub-committee
shall take a firm stance towards those who have offences involving
violence. 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 (including cautions) for common assault
and/or an offence under S4 of the Public Order Act 1986 which happened less
than three years before the date of application. Paragraph 6.6 also states that an
application will normally be refused if an applicant has more than one
conviction for an offence of a violent nature, or other matter to be considered
in connection with that, within the last 10 years.
dd) The Sub-committee came to the conclusion that
the convictions in 2000 and 2007 were violence-related, however, as the last
offence had occurred over 12 years ago (which is beyond the period of 3 years),
paragraphs 6.5 and 6.6 were irrelevant and, therefore, there was no reason to
refuse the application.
e)
Having carefully considered the evidence and
information, the Sub-committee was satisfied 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.