To consider
an application by Mrs 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 the application received from Mrs A for a
hackney/private hire vehicle 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 should approve the application. The applicant's
driving licence was a clean licence.
The applicant was invited to expand on the application and provide
information about the background of the offences and her personal
circumstances. She noted that she had been going through a difficult time and
it was one domestic incident that had led to the convictions in March and May
2014. At the time, she had also been suffering with medical problems and
following the incident, she received support and treatment to recover. She made
reference to her work as a licensed passenger supervisor who was responsible
for assisting taxi drivers who carried vulnerable passengers/children on Cyngor
Gwynedd Education Department school contracts.
RESOLVED that the applicant is 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 March 2014 the
applicant was found guilty of driving a car with excess alcohol contrary to the
Road Traffic Act 1988 S.5 (1) (A). She was fined £110, ordered to pay costs of
£85 and disqualified from driving for 17 months. The offence was committed on
27-02-2014
In May 2014, the
applicant was found guilty of common assault, contrary to the Criminal Justice
Act 1988 S.39. She was given a fine of £55, costs of £200 and a Prevention
Order - Safety from harassment on conviction until a further order. The offence
was committed on 27-02-2014
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 is on the applicant to prove that he is 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 6.2 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.
Paragraph 11.0 which
addressed drink-driving offences, was considered. In paragraph 11.1, it s noted
that a serious view would be taken of convictions for driving or being
responsible for a vehicle under the influence of alcohol / drugs. Any one who
is found guilty of offences relating to drink-driving is unlikely to receive a
licence until they have been free from a conviction(s) for at least three
years.
CONCLUSIONS
The Sub-committee considered the applicant's
explanation of the circumstances that had led to the 2014 conviction, and the
officers' 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 her behaviour in 2014 were considered and it was accepted
that she wanted to put the matter behind her and to move on. The applicant was thanked for being open and
honest when she explained the incident in 2014.
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.