Agenda item

To consider an application by Mr A

 

(separate copy for sub-committee members only)

 

DECISION

 

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. He 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 safeguarded

•       Vulnerable people are safeguarded

•       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 relevant convictions.

 

The Licensing Authority recommended that the Sub-committee should approve the application.

 

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 both cases had happened when he was young - about 27 years ago - historical, and nothing since then. By now, he was self-employed, a father and a grandfather. 

 

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 report of the Licensing Department

·      DBS Statement

·      The report of the Driver and Vehicle Licensing Agency (DVLA)

·      The applicant's application form 

·      Verbal observations by the applicant

 

Specific consideration was given to the following matters

 

Background

 

In November 1992, he received a conviction for a crime of causing actual bodily harm contrary to the Offences Against the Person Act 1861.

 

In September 1996, he received a conviction for a crime of causing actual bodily harm contrary to the Offences Against the Person Act 1861.

 

RELEVANT CLAUSES OF THE POLICY

 

Paragraph 2.2 of the Council's Policy was considered, which stated that a person with a conviction for a serious offence need not be automatically barred from obtaining a licence, but he would be expected to have been free of any conviction for an appropriate period as stated in the Policy, and to show evidence that he was a fit and proper person to hold a licence. The applicant had a responsibility to prove that he was a fit and proper person. Paragraph 2.4 stated that when an applicant had a conviction(s) or there were other matter(s) to be considered in connection with that, the Council could not review the merits of the conviction or the other matter.

 

Paragraph 4.5 was considered which stated that the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2002 allowed the Sub-committee to take into account all convictions recorded against an applicant, whether spent or otherwise, under the 1974 Act.

 

Paragraph 6.2 noted that anyone found guilty of an offence relating to violence was unlikely to be granted a licence until they had been free from such a conviction for a minimum of three years. However, when considering the range of offences involving violence, consideration must be given to the nature of the offence.

 

Paragraph 6.6 of the Policy stated that an application would normally be refused if an applicant had more than one conviction for an offence of a violent nature within the last ten years.

 

 

CONCLUSIONS

 

The Policy's provisions, the applicant's explanation of his circumstances and the Licensing officer's recommendation were considered to approve the application.

 

Under the authority's policy, it was considered that enough time had elapsed since the last conviction to consider granting the licence. The Policy noted that there was a requirement for at least 10 years to have passed - in this case, 27 years had passed. The Sub-committee considered the evidence given in the hearing, the fact that the applicant did not have any further history of crime or any evidence of other relevant problems. There was therefore no reason to refuse the application.

 

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.