To consider
an application by Mr A
(separate
copy for sub-committee members only)
Minutes:
The Chairman, Councillor W. Tudor Owen,
welcomed everyone to the meeting. The panel and the officers were introduced to
everyone present.
In
response to a request from the applicant, the hearing was held in English
a)
The Licensing Manager
presented the written report on the application received from Mr A. for a new
hackney/private hire driver’s licence.
b)
It was reiterated that a
statement of convictions had been submitted. No convictions that were relevant
to the licensing field had been included in the applicant's statement, but
attention was drawn to additional information submitted by the Police that was
relevant to the application. The Committee was asked to consider the
application in accordance with the DBS record, and in accordance with the
guidelines on relevant crimes and convictions.
c)
The Licensing Manager's
recommendation was to refuse the application due to matters disclosed by the
Police, and in accordance with the Council's taxi policy 'Suitability Criteria
for Drivers and Operators'.
ch) The applicant was invited to expand on his application. The
applicant referred to a letter he wrote to the Betsy Cadwaladr Health Board
explaining his situation.
d)
The
applicant withdrew from the room while the Sub-committee members discussed the
application.
dd) In reaching their decision, the Sub-committee had
considered the following factors
·
the applicant's application
form
·
the Licensing Department's
report along with the DBS statement
·
Gwynedd Council letter
dated 17 December 2012
·
letter dated 4 November,
2015 submitted to the Betsi Cadwaladr University
Health Board
·
the requirements of
'Gwynedd Council's Licensing Policy for Hackney Carriages and Private Hire -
specifically paragraphs 7.1, 7.2 and 7.5 in relation to sexual offences and
indecency.
·
oral observations
e) The Sub-committee accepted the information recorded in
the DBS statement as a correct description of the events. The Sub-committee was
reminded, in accordance with section 59 of the Local Government (Miscellaneous
Provisions) Act 1976, that a licensed could not be issued unless they were
satisfied that the applicant was a fit and proper person to hold a licence.
The Sub-committee was advised of the meaning of
a "fit and proper person' and reference was made to the ruling of McCool
v Rushcliffe Municipal Council [1988] 3 All ER 889, where the High Court
confirmed its meaning: "...those licensed to drive...are suitable persons
to do so, namely that they are safe drivers with good driving records and
adequate experience; sober, mentally and physically fit, honest and not persons
who would take advantage of their employment to abuse or assault passengers."
f) While considering the incidents which were sexual, indecent
and violent in nature, the Sub-committee was not persuaded that the
applicant was a suitable person and that he would not take advantage of his
employment. There was concern that the applicant had submitted a complaint to Betsi Cadwaladr University Health Board for sharing
personal, confidential details with the Police. The Sub-committee's opinion, in
the interests of the protection of public safety, was that this information had
been shared correctly, and as result, the applicant's unwillingness to share
the information with a relevant authority raised doubts regarding his honesty. In
addition, the observation that employment details had been submitted on the application
form, without asking for employment nor support from the company, also cast
doubt on the applicant's honesty.
ff) It was accepted that the applicant had Asperger's
Syndrome which affected his communication, social and interaction skills and
his imagination. However, the main priority of the Sub-Committee was to protect
the public by ensuring that they were safe in the hands of Gwynedd's taxi
drivers.
g)
Under the circumstances,
the Sub-committee was not satisfied that the application complied with the
criterion of "a fit and proper person". The application was refused.
RESOLVED that the applicant was not a fit and proper
person to be granted a hackney/private hire driver’s licence and Mr A's
application for a hackney/private hire driver's licence was refused.
The Solicitor reported that the decision would be
confirmed formally by letter. He also notified the applicant that he had the
right to appeal the decision within 21 days of receiving the letter.
The Sub-committee encouraged
the applicant to attend suitable training courses to maximise his hopes of
employment in future.