To consider
an application by Mr A
(separate
copy for sub-committee members only)
Decision:
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.
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. The Licensing Authority had recommended that the
Sub-committee should refuse the application.
In response to the applicant's
observation that the conviction had surpassed the period noted in the policy,
the Licensing Manager noted the rights of the Sub-Committee to consider every
conviction on the DBS record. Although the applicant’s frustration was accepted
it was added that the Council’s Policy was to consider every conviction in
order to provide a clear and comprehensive picture of the background. The Sub-committee's priority was the public's
safety and by weighing up all the evidence it was possible to determine whether
the applicant was a fit and proper person for the post.
The applicant was invited to expand on his
application and provide information about the background of the offences and
his personal circumstances. He noted
that he was remorseful, and had improved his behaviour, and following the
incident in 2018 he had learnt a lesson by calling the Police and keeping a
record of every incident in a diary. He
noted that he had driven buses for 27 years and that the complaint wasn't
regarding his attitude or his driving.
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 October 2010, the applicant was found guilty by
Gwynedd Magistrates Court of using threatening, aggressive/insulting language,
or behaving with the intention of causing distress or harassment, contrary to
the Public Order Act 1986. He was fined
£200, ordered to pay costs of £85 and additional costs of £15.
In November 2018, the applicant was found guilty by
North West Wales Magistrates Court of using threatening, aggressive/insulting
language likely to cause harassment, alarm or distress contrary to the Public
Order Act 1986. He was fined £100,
ordered to pay costs of £85 and additional costs of £30
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 common
assault and/or criminal damage and/or an offence under the Public Order Act
1986 which happened less than three years before the date of application.
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 convictions in 2010 and 2018 were
violence-related offences. They were
content that the period of time noted in the Policy where applications should
be refused due such offences has 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 hasn't passed 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 nature of the re-offending pattern was considered and the applicant’s
explanation and evidence regarding the background of the offences and personal
circumstances. The offence in 2010 had happened 11 years ago and was related to
a specific family incident. However, the offence in 2018 was a cause of concern
for the Sub-committee due to the situation that arose while the applicant was
driving a public bus and therefore very relevant in the context of an
application for a hackney / private hire driver's licence. The Sub-committee highlighted that very
difficult situations would arise from time to time where it would be essential
to avoid losing one’s temper and to not respond if provoked. The Sub-Committee gave consideration to the circumstances of the incident that
lead to the conviction and came to the decision that the behaviour was
unacceptable. Despite this, the behaviour was only relatively serious and no
physical violence had taken place.
The Sub-Committee received a declaration from the applicant stating he had
learnt his lesson following the incident and he now phoned the Police when a
similar situation arose and he kept a record of every incident in a diary. It was also considered that the applicant has
driven buses for years and that no complaints have been presented to his
employer regarding his driving or behaviour.
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 happened 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 applicant was reminded
that if a similar incident occurred again then the licensing authority would have
to consider taking appropriate measures under those specific circumstances, and
the measures may include removal of the licence.
The Solicitor reported that the decision would be
confirmed formally by letter to the applicant.