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:
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.