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.

 

1.          The Chair welcomed everyone to the meeting. He explained that the decisions 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.

 

APPLICATION FOR A HACKNEY / PRIVATE HIRE DRIVER’S LICENCE – Mr A

 

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 the conviction was historic, and he had not offended before or subsequently.

 

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 applicant's verbal representations

·         The Driver and Vehicle Licensing Agency's guidelines

 

Specific consideration was given to the following matters:

           

In January 1986, the applicant was found guilty by Caernarfon and Gwyrfai Magistrates Court for one charge of assault that caused actual bodily harm (ABH), contrary to s47 of the Offences Against the Person Act 1861.  He received a fine of £40.00. 

 

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 6.5 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.    

 

The Sub-committee concluded that the January 1986 conviction was a violent-related offence. However, as the conviction was issued 35 years ago (far beyond the period of 3 years), 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.