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.
It was highlighted that the applicant had not stated
that he had any previous convictions on his application form and it was
suggested that he should expand on this. The Licensing Authority recommended
that the Sub-committee should approve the application.
The applicant was invited to expand on the
application and provide information about the background of the offences and
his personal circumstances. He explained that the incident in 2018 had occurred
on private land and he had received advice that there was no need to report the
accident. He added that the Council's Health and Safety Unit and the Post
Office Health and Safety Unit at Cibyn, Caernarfon
had recorded the incident. He
highlighted that if his application was successful
then he would run a Taxi company.
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 applicant's verbal representations
·
The Driver and Vehicle Licensing Agency's guidelines
ch) Specific consideration was given to the following matters
In July 1980, the
applicant was found guilty by Caernarfon and Gwyrfai Magistrates Court for one
charge of assault that caused actual bodily harm contrary to s47 of the
Offences Against the Person Act 1861. He received a fine of £20:00
In June 2018, the
applicant was found guilty by North East Wales Magistrates Court for one charge
of failing to report an accident, contrary to s170 (4) of the Road Traffic Act
1988. He received a fine of £325.00 and
an endorsement on his driving licence.
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 6.0 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
adopt 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 for common
assault and/or criminal damage and/or an offence under the Public Order Act 1986 which happened less than three years before the date of
application.
Section 12 of the
Policy relates to driving convictions, and paragraph 12.2 lists major traffic
offences for the purposes of the Policy. Amongst the offences is AC20 (failure
to give details or report an accident within 24 hours). Paragraph 12.3 states
that an application will be refused if there is a
conviction against the applicant and he/she has not been free of the conviction
for at least six months.
d)
The Sub-committee came
to the conclusion that the July 1980 conviction was a violent offence,
however, as the conviction occurred over 40 years ago (which is beyond the
period of three years), paragraph 6.5 was irrelevant, and there was no reason
to refuse the application.
The
Sub-committee came to the conclusion that the conviction
in June 2018 was a serious traffic-related offence, however, as the conviction
had occurred 2 years ago and the applicant had been free of conviction for at
least 6 months, paragraph 12.3 was irrelevant and, therefore, there was no
basis to refuse the application.
e)
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.