To consider
an application by Mr B
(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 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 B
The Licensing Manager
submitted the written report on the application received from Mr B
for a hackney/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 had recommended that the Sub-committee
should refuse the
application.
The applicant was invited to expand on the
application and provide information about the background of the offences and
his personal circumstances. He noted that he was remorseful and by now had
matured. He noted that he had a responsible job in the care sector and that he
needed an additional job to pay for his children's care fees as he and his wife
worked full time. He added that he had disclosed the offences to his employer.
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 September 2016, the applicant was found guilty by
Gwynedd Magistrates’ Court of driving a car under the influence of alcohol
contrary to the requirements of the Road Traffic Act 1988. He was fined £300, ordered to pay costs of
£85 and was banned from driving for 18 months (that could be reduced if a
driving course was attended) including an additional payment of £30.
In April 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 community order, costs of £85, additional costs and an
application to complete a rehabilitation workshop
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 was 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.
Paragraph 11.0 which
addressed drink-driving offences, was considered. In paragraph 11.1, it was
noted that a serious view would be taken of convictions for driving or being
responsible for a vehicle under the influence of alcohol / drugs. Anyone who
had been found guilty of offences relating to drink-driving was unlikely to
receive a licence until they had been free from a conviction(s) for at least
three years.
Paragraph 16.1 of the
Policy deals with repeat offences.
Firstly, it must be ensured that the convictions satisfy the policy
guidelines individually, but that they together create a history of repeat offending
that indicates a lack of respect for the welfare and property of others. The
Policy states that ten years must have elapsed since the most recent
conviction.
The Sub-committee concluded that the conviction from 2016 was in relation
to drink driving and the conviction from 2017 was in relation to violence. They were content that the period of time
noted in the Policy, where applications should be refused due to such offences
had passed in the case of both matters.
However, as there was a 'pattern' of re-offending the matter was
considered under paragraph 16.1. Under this paragraph the policy states that
the application should be refused if a period of 10 years has not elapsed since
the last conviction. As such a period of time had not elapsed, the
sub-committee considered if there were any reasons and evidence presented to
persuade them differently.
The pattern of re-offending was considered and it was noted that both
convictions had taken place close together (in 2016 and 2017) and that there were
no further convictions afterwards. The applicant’s evidence regarding the
nature of the offences was also considered and the explanation given regarding
the background to the offences and personal circumstances.
Having weighed-up the
evidence and the information carefully, the Sub-committee decided that the
nature of re-offending and the evidence of what had occurred since the last
conviction justified deviating from the Policy. Consequently, 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.