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. She 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 an application received from Mr A for a hackney
carriage/private hire 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. The Licensing Authority recommended
that the Sub-committee approved the application.
The applicant's representative (his prospective
employer) was invited to expand on Mr A's application and provide information
about the background of the convictions and his personal circumstances. It was noted that the applicant was
remorseful and that he now had a responsible job and served the public
daily. He explained that he only
received a caution and that the date of the conviction had now elapsed the
three-year period. It was also noted, in
cases where there were historical convictions, that Gwynedd Council's Licensing
Policy needed to be reviewed.
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 2017, the applicant was found guilty by
North Wales Police of using threatening, aggressive/insulting language likely
to cause harassment, alarm or distress contrary to the Public Order Act
1986. The applicant received a caution
for the offence.
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 consider 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 occurred less than
three years before the date of application.
The Sub-committee
determined that the September 2017 conviction was a violence-related offence.
However, as the offence had been issued over 3 years ago, there were no
presumptions to refuse under Part 6 of the Policy as it was irrelevant, and
therefore there was no basis to refuse the application. No subsequent
convictions and no evidence had been presented to suggest that the Policy
should not be adhered to in this case.
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.