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.