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 was a fit and proper person

• The person did not pose a threat to the public

• The public was safeguarded from dishonest persons

• Children and young people were safeguarded

• Vulnerable people were safeguarded

• The public was 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 the convictions were historical-  in a period when he was young and foolish. He highlighted that he had experience of working as a taxi driver and had been offered work with the local company. He added that he had worked for the Cross Rail company for years where detailed checks were carried out to ensure his suitability for the post.

 

In response to a question as to why he had not acknowledged the convictions on his application form, he noted that the last conviction had happened in 1987 (36 years ago) and he therefore thought that they would be spent. He apologised that he was not aware that historical convictions continued to be considered when applying for a hackney/private hire driver's licence.

 

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 applicant's application form 

·      Verbal observations by the applicant

 

Specific consideration was given to the following matters:

 

Background

 

In January 1970, the applicant had received a conviction for causing Indictable Common Assault contrary to S.42+S.47 of the Offences Against the Person Act, 1861 and burglary and theft from a dwelling contrary to The Theft Act, 1968.9(1)(B). He had been sentenced at Caernarfon Juvenile Court and sent to a Detention Centre for three months. 

 

In April 1982 he had received a conviction for handling stolen goods contrary to S22 of the Theft Act 1968 and causing Actual Bodily Harm (ABH) contrary to the Offences Against the Person Act, 1861. He had been sentenced at Gwyrfai Magistrates Court and received a suspended sentence of 2 years.

 

In May 1983, he had received a conviction for Assault causing Actual Bodily Harm (ABH) contrary to S.47 of the Offences Against the Person Act, 1861. He was fined with costs for this offence.

 

In April 1984, he had been convicted and sentenced to imprisonment on 7 counts including -  

• Burglary and theft from a dwelling contrary to S.9 (1) (B) of the Theft Act, 1968.

• Burglary and theft from a dwelling S.9 (1) (B) of the Theft Act, 1968 

• Handling stolen goods – S.22 of the Theft Act, 1968

• Breach of Probation Order – S 23 of the Powers of Criminal Courts Act 1973

• Burglary – S1 of Theft Act, 1968

• Handling stolen goods – S.22 of the Theft Act,1968

 

In March 1985 he had received a conviction for perverting the course of justice contrary to common law and received a 15-month prison sentence.

 

In June 1987, he had received a conviction for Assault causing Actual Bodily Harm (ABH) contrary to S47 of the Offences Against the Person Act, 1861. He had received a conditional discharge with costs.

 

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 license but would normally be expected to remain free of any conviction for an appropriate period as stated in the Policy, and to show evidence that the individual was a fit and proper person to hold a licence. There was a responsibility on the applicant 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 consider 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 have been free from such a conviction for a minimum of three years. However, when considering the range of offences involving violence, consideration had to 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.

 

Paragraph 8.0 of the Policy, which dealt with dishonesty offences, was considered together with paragraph 8.1 which stated that a serious view shall be taken of any conviction involving dishonesty. Paragraph 8.2 stated that an application would normally be refused where the applicant had a conviction for a listed offence and was convicted less than three years prior to the date of the application. It was noted that the list of offences included theft, amongst other offences.
Paragraph 16.1 of the Policy dealt with repeat offences. Firstly, it must be ensured that the convictions satisfied the policy guidelines individually, but that they together created a history of repeat offending that indicated a lack of respect for the welfare and property of others. Under the policy, 10 years must have passed since the most recent conviction.

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 passed since the last conviction to consider allowing the license. The Policy noted that at least 10 years had to pass when considering convictions such as violence, dishonesty, and re-offending in cases regarding lack of respect for the welfare and property of others. Whilst the applicant has an extensive history of offending, he had been free form convictions for 36 years. The Sub-committee considered the evidence that was given at the hearing, the fact that the applicant did not have any further history of offending or any evidence of other relevant problems. There was therefore no reason to refuse the application.

 

 

 

The Sub-committee determined in favour of granting 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.