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 requested
to consider the application in accordance with the DBS record, the guidelines
on criminal offences and relevant convictions.
The Licensing
Authority recommended that the Sub-committee should approve the application.
The applicant had a clean driver's licence.
The applicant was invited to expand on the application and provide
information about the background of the offences and his personal
circumstances. He noted that the
offences had occurred following graduation from Bangor University and being
invited to join a new company on the High Street. He was not aware of the maladministration,
and he did not include the convictions on his application form as he considered
these to be the company's convictions and not personal convictions. He added
that he had by now received UK citizenship and he highlighted that his
application for citizenship had been very thorough about his character.
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 along with the DBS statement
·
the applicant's verbal
representations
Specific consideration was given to the following matters.
Background
In April 2013, the
applicant was found guilty of the offence of concealing, unable to commit to
the duty placed under the Companies Act 2006 (S.1006. S1006(7). He received a
fine of £250 and costs of £2200 and a victim's surcharge of £15 in a Juvenile
Court in Gwynedd.
In November 2013,
the applicant was found guilty of the offence of concealing, unable to commit
to the duty placed under the Companies Act 2006 (S.1006. S1006(7). He received
a fine of £250 in a Juvenile Court in Gwynedd.
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.
The Policy did not
consider the specific convictions that related to the applicant,
however, the applicant was found guilty in a Juvenile Court in 2013. No
convictions had been recorded since then.
CONCLUSIONS
The Sub-committee considered the applicant's explanation
of the circumstances that had led to the 2013 convictions, and the officers'
recommendation to approve the application.
The Sub-committee
concluded that the convictions in April and November 2013 were criminal
offences, however, a period of 10 years had elapsed since the applicant was convicted; which had enabled the applicant to prove to the
Licensing Authority that lessons have been learnt since his offences, that his
behaviour had changed, and that he had highlighted his ability and suitability
to hold a taxi driver's licence.
Having considered the
nature of the offences, 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.