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  • Agenda item

    APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE

    • Meeting of General Licensing Sub Committee, Wednesday, 18th December, 2019 10.00 am (Item 5.)

    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.