To consider
an application by Mr A
(separate
copy for sub-committee members only)
Decision:
Minutes:
• 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's driving licence was a clean licence.
In response to a
question regarding the applicant's failure to note his conviction on the
application form with no reference to this in the report (although IOL National
Guidance noted this as a serious matter), the Licensing Manager noted that
applicants from time to time misunderstood what was required on the application
form bearing in mind that recent driving convictions / endorsements or recent
convictions need to be recorded. It was
added with the increase in the number of applications submitted on the website,
there was less opportunity for the applicants to make enquiries with officers,
and therefore give the applicant an opportunity to elaborate on the matter in
the sub-committee.
The applicant was invited to expand on the application and provide
information about the background of the conviction and his personal
circumstances. He stated his wish to get a job that would give him additional
income and that would raise confidence in his ability to communicate with the
public. He added that he had not included the conviction on the application
form as a period of three years had elapsed and he was under the impression
that there was no need to disclose a historic conviction.
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 February 2014 the
applicant was found guilty of destroying or damaging property (property value
of £5000 only or less under the Criminal Damages Act 1971), contrary to the
Criminal Damages Act 1971, s.1(1). He
received a conditional discharge together with an order to pay costs of £85,
damages of £30 and victim costs of £15.
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.
CONCLUSIONS
The Sub-committee considered the applicant's
explanation of the circumstances that had led to the 2014 conviction, and the
officer’s recommendation to approve the application.
The Sub-committee came to the conclusion that the 2014 conviction was a
violent offence for the purpose of the Policy, and that sufficient time had
elapsed the three-year threshold since the applicant was found guilty. The
applicant's explanations and the reasons for his behaviour in 2014 were
considered and it was accepted that he wanted to put the matter behind him and
to move on. Having considered the nature of the offence, the sentence given and
the fact that there was no further history of offending, there were no
compelling reasons for not following the authority's policy and to approve the
application in this case.
The Sub-committee determined 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.
A request was made
for the Licensing Unit to review the application form and to clearly state that
there was a need to disclose information about each conviction, be they historical
or otherwise.