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 decision would be made in accordance with Cyngor Gwynedd'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 together with a taxi driver's safety certificate. It was highlighted that the applicant had not declared any previous convictions on his application form.  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 sentence, why he had not stated that he had previous convictions on his application form and his personal circumstances.  He explained that he had served 1 month in prison and he then had to wear a tag as his friend had threatened a witness by using his phone.  He also highlighted that he had only one conviction /incident and not convictions / incidents as noted in the report.  He apologised for not disclosing the offence on his application form and explained that he was not good at completing forms.

 

RESOLVED that the applicant was a fit and proper person to be issued with a hackney/private hire vehicle driver's licence from Cyngor Gwynedd.

 

In reaching its decision, the Sub-committee considered the following:

·      The requirements of 'Cyngor Gwynedd'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

 

Specific consideration was given to the following matters:

 

Background

 

In August 2008 the applicant was found guilty of intimidating a witness or juror with the intention of preventing, perverting or intervening with the course of justice contrary to the Criminal Justice and Public Order Act 1994 S.51 (1) and he received a sentence of imprisonment for 6 months.

 

 

 

 

RELEVANT CLAUSES OF THE POLICY

 

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.

 

Clause 2.3 of the Policy notes that any criminal convictions may be considered, or other matters that deal with the suitability and propriety of the applicant. Consequently, the offence whereby the applicant was found guilty was a very serious offence, one that justified a sentence of 6 months imprisonment. 

 

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 the 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 normally 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.  

 

CONCLUSIONS:

 

The Sub-committee came to the conclusion, as 14 years had elapsed since the applicant was convicted, that the three-year threshold under the Policy had obviously elapsed. There were no previous convictions or subsequent convictions.  Despite the explanation for the incident in 2008, the sub-committee was not totally clear what the circumstances were and the applicant had to accept responsibility for loaning his phone to his friend to threaten a witness.  However, as a sufficient period of time had elapsed since the offence, there were no compelling reasons for not following policy guidelines in this case.

 

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 for a year.

 

The Solicitor reported that the decision would be confirmed formally by letter to the applicant.