To consider
an application by Mr A
(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
• Vulnerable persons are safeguarded
• The public have confidence in using licensed
vehicles.
The Licensing Officer presented a written report on an
application received from Mr A for a hackney carriage/private hire driver's
licence. The Sub-committee was requested to consider the application in
accordance with the DBS record, the guidelines on criminal offences as well as
the Driver and Vehicle Licensing Agency's report and medical certificate. The
Licensing Authority recommended that the Sub-committee approved the
application.
In response to the licensing officer's presentation,
that stated the need for the applicant to expand why he did not acknowledge a
drink driving offence on his application form for a licence, the licensing
officer highlighted that this sentence in the report was an error and
apologised for misleading the sub-committee.
The applicant was
invited to expand on the application and provide information about the background
of the convictions on his licence and his personal circumstances. He highlighted that they were historical
convictions that had occurred during a difficult period in his teens. He highlighted that the last conviction
occurred 37 years ago and since this conviction in 1985 that he had followed a
career in the field of care for children and adults with learning disabilities.
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, the DBS statement
and the DVLA's report
· The applicant's verbal representations
· The Driver and Vehicle
Licensing Agency's guidelines
· The applicant's medical form
Specific consideration was given to the
following matters:
Conviction 1: In September 1980, the applicant was
found guilty of theft from a shop, contrary to the Theft Act 1968 s.1. The
applicant was 15 years old when the offence took place and he received a fine
of £25.
Conviction 2: In August 1983, the applicant was found
guilty of attempted theft from dwellings contrary to the Theft Act 1968 s.9
(1)(a). The applicant was 18 years old when the offence took place and he
received a probation order for two years.
Conviction 3: In March 1984, the applicant was found
guilty of two cases of theft from a shop, contrary to the Theft Act 1968 s.1;
Breaching the Probation Order - Powers of Criminal Courts Act 1973 s.6. The
applicant was 19 years old when the offences took place and he was detained in
a detention centre for 21 days.
Conviction 4: In October 1984, the applicant was found
guilty of three cases of theft from a shop, contrary to the Theft Act 1968 s.1
together with the possession of a Class A Drug contrary to the Misuse of Drugs
Act 1971 s5. (2). The applicant was 19 years old when the offence took place
and he was detained in a youth detention centre for six months and forfeiture
and disposal of the drugs.
Conviction 5: In November 1985, the applicant was
found guilty of two cases of theft from a shop, contrary to the Theft Act 1968
s.1.The applicant was 20 years old when the offence took place and he received
a probation order for two years with a condition to reside in a hostel for a
year.
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 8.0 of the
Policy, which deals with dishonesty offences, was considered together with
paragraph 8.1 which states that a serious view shall be taken of any conviction
involving dishonesty. Paragraph 8.2 states that an application would normally
be refused where the applicant has a conviction for a listed offence, and was convicted
less than three years prior to the date of the application. It was noted that
the list of offences included theft, amongst other offences.
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 period of time noted in the Policy where applications should
be refused due to such offences had elapsed - the last conviction was issued 37
years ago (which was far beyond the period of 3 years), and therefore none of
the assumptions to refuse the application survived, and therefore there were no
grounds to refuse the application.
The 'pattern' of repeat
offending was also considered under paragraph 16.1 that states that the
application should be refused if a period of 10 years hasn't passed since the
last conviction. Although it was found that there was an obvious pattern of
dishonesty (mainly theft), there were 37 years since the last conviction and no
subsequent convictions had been received.
The applicant's explanation for his behaviour in his teens was considered
and the Sub-committee congratulated him on managing to transform his life.
The Sub-committee determined in favour of approving the application and
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.