To consider
an application by Mr B
(separate
copy for sub-committee members only)
Decision:
Minutes:
The Chair welcomed everyone to the meeting. He
explained that the decision 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
• The safeguarding of vulnerable persons
• The public have confidence in using licensed
vehicles.
The Licensing Manager submitted a written report on the
application received from Mr B for a hackney/private hire vehicle driver’s
licence. The Sub-committee was requested to consider the application in
accordance with the DBS record, the guidelines on criminal offences and
relevant convictions and a medical certificate. The Licensing Authority
recommended that the Sub-committee approve the application.
The applicant was invited to expand on the application
and provide information about the background of the offences on the DBS record
and his personal circumstances. He noted
that he had been through a difficult and dark period in his life, but had now
recovered.
In response to a question regarding dealing with
unreasonable and difficult customers within the confined environment of a
vehicle, he noted that conversing, being open and dealing with customers had
been part of the support he had received through therapy sessions. He added
that the medical certificate noted that he satisfied the medical standards.
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 and the medical form
·
the applicant's verbal
representations
·
The Driver and Vehicle
Licensing Agency's guidelines
Specific consideration was given to the following
matters:
In April 2013, the applicant was found guilty of the
offence of battery, contrary to the Criminal Justice Act 1998 (S.39). He had
received a community caution under supervision, costs of £250 and compensation
costs of £150.
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 would normally be expected
to remain free of any conviction for an appropriate period as stated in the
Policy, and to show evidence that the individual was a fit and proper person to
hold a licence. The
onus was on the applicant to prove that they were 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 and
regular contact with the public, the sub-committee shall adopt a firm stance
towards those who have offences involving violence. Paragraph 6.2 notes that
anyone found guilty of an offence relating to violence is unlikely to be
granted a licence until they have been free from such a conviction for a
minimum of three years. However, when
considering the range of offences relating to violence, the nature of the
offence must be considered.
The Sub-committee came to the
conclusion that 2013 conviction was a violent offence for the purpose of
the Policy, and that sufficient time had elapsed following the three-year
threshold since the applicant was found guilty. There were no previous or
subsequent convictions.
The applicant's explanations and the reasons for his
behaviour in 2013 were considered, and it was accepted that his circumstance were now very different. Consideration was given to the
medical certificate that confirmed his explanation about his medical condition
in the past, and that the doctor had no concerns. The applicant also satisfied the medical
fitness criteria to drive and had worked as a driver without any problems.
It was determined that the applicant was a fit and
proper person to hold a hackney vehicle and private hire driver's licence.
The Solicitor reported that the decision would be
confirmed formally by letter to the applicant.