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Agenda item

To consider an application by Mr A

 

(separate copy for sub-committee members only)

 

Decision:

That the applicant is a fit and proper person to be issued with a hackney vehicle/private hire driver's licence from Gwynedd Council.

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 carriage/private hire driver's licence. The Sub-committee was requested to consider the application in accordance with the DBS record, the guidelines on criminal offences and relevant convictions. The Licensing Authority recommended that the Sub-committee should approve the application.

 

The applicant's representative (his prospective employer) was invited to expand on Mr A's application and provide information about the background of the convictions and his personal circumstances.  He explained that the incidents that were recorded on the DBS were historical. It was noted that Mr A had been working as a courier for a number of years and that he now wished to change direction. It was also noted, in cases where there were historical convictions, that Gwynedd Council's Licensing Policy needed to be reviewed.

 

b)         RESOLVED that the applicant was a fit and proper person to be issued with a hackney /private hire vehicle 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 and the DBS statement

           the verbal representations from the applicant's prospective employer

           The Driver and Vehicle Licensing Agency's guidelines

 

ch) Specific consideration was given to the following matters:

 

In June 1985, the applicant was found guilty by Bangor Magistrates Court on three charges of theft, contrary to s1 Theft Act 1968.  He received community service orders of 300 hours for these convictions.

 

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 onus was on the applicant to prove that he was a fit and proper person. Paragraph 2.4 of the policy notes that when an applicant has a conviction(s) or other related matter(s) to be considered, the Council cannot review the merits of the conviction or other matter.

 

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 8.0 of the Policy, which deals with dishonesty offences, was considered together with paragraph 8.1 that states that a serious view should be taken of any conviction involving dishonesty.  Paragraph 8.2 notes that an application would normally be refused where the applicant has a conviction for a listed offence, and that the conviction was received less than three years prior to the date of the application. It was noted that the list of offences included burglary, amongst other offences.

 

d) The Sub-committee came to the conclusion that the conviction in June 1985 was an offence of dishonesty;, however, as these convictions had occurred over 35 years ago, paragraph 8.2 was irrelevant and, therefore, there was no basis to refuse the application.

 

Having carefully considered the evidence and information, the Sub-committee was in favour of approving the application and it was determined that the applicant was a fit and proper person to hold a hackney and private hire vehicle driver's licence.

 

The Solicitor reported that the decision would be confirmed formally by letter to the applicant.