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:
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.