Agenda item

To consider an application by Mr A

(separate copy for sub-committee members only)

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

The Licensing Officer presented a written report on the application received from Mr A for a hackney/private hire vehicle driver's licence. The Sub-committee was requested to consider the application according to the DBS record, the guidelines on criminal offences and relevant convictions. It was highlighted that the applicant had not declared any previous convictions on his application form and it was suggested that he expanded on this. The Licensing Authority recommended that the Sub-committee approved the application.

The applicant was invited to expand on his application and provide information about the background of the offences and his personal circumstances. He explained that he was ashamed of his behaviour when he was younger. After a period in prison he explained that he had been determined to turn his life around and he had gone to college, followed a successful career and founded a business.

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.

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 report of the Driver and Vehicle Licensing Agency

•           the applicant's verbal representations

•           The Driver and Vehicle Licensing Agency's guidelines

Specific consideration was given to the following matters:

In August 1994, the applicant was found guilty by Bangor Youth Court on one charge of assault causing actual bodily harm (ABH), contrary to s47 of the Offences against the Person Act 1861.  He received a 12-month conditional discharge, ordered to pay damages of £20.00 and a bind over order.

In September 1998 the applicant was found guilty by Bangor Magistrates Court on two charges. One of assault causing actual bodily harm (ABH) contrary to s47 of the Offences against the Person Act 1861, and one of assault causing grievous bodily harm (GBH) contrary to section 20 of the same Act. He was imprisoned for 3 months for the offence of GBH, and was sentenced to 3 months' imprisonment for the ABH offence, to run consecutively.

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 he will be expected to have been free of any conviction for an appropriate period as stated in the Policy, and to show evidence that he 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 states that when an applicant has a conviction(s) or there are other related matter(s) to be considered in connection with that, 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 6.4 of the Policy states that a licence application will be refused if the applicant has a matter to be considered for serious bodily harm with intent, which happened less than ten years prior to the date of the application. 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 assault causing actual bodily harm which happened less than three years prior to the date of the application. Paragraph 6.6 of the Policy states that an application will normally be refused if an applicant has more than one conviction for an offence of a violent nature within the last ten years.

The Sub-committee concluded that the convictions from August 1994 and September 1998 were violent offences, however, since these convictions were made 26 and 22 years ago respectively (beyond the 10 year period), none of the presumptions for refusal under section 6 of the Policy stood, therefore there were no grounds to refuse the application.

Having carefully weighed up 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.