To consider
an application by Mr A
(separate
copy for sub-committee members only)
Decision:
Minutes:
The Chair welcomed everyone
to the meeting. She highlighted 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 can be confident 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 asked to consider the application in accordance
with the DBS record, the guidelines on relevant criminal offences and
convictions, and the report of the DVLA.
The Licensing Authority recommended that the
Sub-committee approved the application.
The applicant was invited to expand on the
application and provide information about the background of the conviction and
the points on his licence and his personal circumstances.
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, together with the
DBS statement and the DVLA's report
· the applicant's verbal representations
Specific consideration was given to the
following matters:
Background
In January 1988, the applicant was found guilty of
Assault causing Actual Bodily Harm (ABH) contrary to the Offences Against the
Person Act 1861 S.47.
In February 2022, the applicant received six penalty
points on his driving licence for Breach of Requirements in relation to vehicle
control, mobile phone etc.
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.
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 usually be refused if the applicant has a matter to be
considered for assault causing actual bodily harm under the Public Order Act
1986 which happened less than three years prior to the date of the
application.
Paragraph 6.6 of the Policy states that an application
will normally be refused if an applicant has more than one conviction for an offence
of a violent nature within the last ten years.
Section 12 of the Policy relates to motoring convictions, and paragraph 12.3
states that an application will be refused if there is a conviction against the
applicant and he/she has not been free of the conviction for at least six
months.
CONCLUSIONS
The Sub-committee
considered the applicant's explanation of the circumstances that had led to the
1988 and 2022 convictions, and the officer's recommendation to approve the
application.
The Sub-committee came to the conclusion that the
1988 offence was a violence-related offence for the purpose of the Policy, and
that sufficient time had elapsed since the applicant was found guilty. The
applicant's explanations and the reasons for his behaviour in 1988 were
considered, and it was accepted that his circumstances were now very different.
The Sub-committee was also pleased to note that the applicant had included
information about his conviction on the application form.
In considering the circumstances of the motoring offence, and that the
applicant had admitted using his telephone (in an industrial estate) to the
Police in response to a call he considered urgent, it was highlighted that
using / holding a telephone while driving was a serious matter,
and was now illegal. However, the applicant's explanation of the
specific circumstances of the incident were accepted and the Sub-committee was
pleased to note that the applicant had accepted responsibility for the action
and had honestly and openly admitted that he had used his telephone.
Given the circumstances
of the offence, the Sub-committee was satisfied that there was nothing to suggest
that the applicant would endanger customers when driving. Having carefully
weighed-up all the factors, 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.