Agenda item

To consider an application by Mr B

 

(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.

 

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.