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
• The safeguarding of children and young people
• The safeguarding of vulnerable persons
• 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 recommended
that the Sub-committee should approve the application.
The applicant was invited to expand on his
application and provide information about the background of the offence and his
personal circumstances. Mr A noted that this was a single incident and was not
a reflection of his character. His circumstances at the time were difficult,
however, since then he had turned his life around and had attended college, had
a job and was now trying to support his family.
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 2013, the applicant was found guilty by
Conwy Youth Court of injuring/causing serious bodily harm contrary to the
Offences Against the Person Act 1861. The applicant received a £100 fine, costs
of £15 and a Referral Order for 12 months.
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 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/she 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.
The Sub-committee concluded that the conviction in 2013 was a
violence-related offence when the applicant was 17 years old. They were satisfied that the period of time
noted in the Policy when applications should be refused due to such offences
had elapsed.
The Sub-committee accepted, although the applicant did not excuse the
offence, that his personal circumstances at the time were very difficult. They
were also satisfied that his circumstances had changed since then and there was
no evidence that this behaviour was characteristic of him. It was noted that they
were pleased that the applicant had accepted full responsibility for the
incident at the time, and accepted that he acknowledged the seriousness of the
offence and he had been open and honest when discussing 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.