To consider
an application by Miss 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.
Minutes:
The Chair welcomed everyone
to the meeting. He explained 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 were safeguarded from dishonest
persons
• Children and young people were protected
• Vulnerable persons were protected
• The public had confidence in using licensed
vehicles
The Licensing Manager presented a written report on
the application received by Miss A for a hackney/private hire vehicle 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.
In response to a question for more information
regarding the Safeguarding for Taxi Drivers Certificate, the Licensing Manager
noted that it was a high-quality interactive training course which taught
learners how to achieve their safeguarding duties, by identifying different
types of abuse and/or exploitation and report on those concerns appropriately.
She reiterated, for three years, that the Licensing Unit recommended that taxi
drivers completed the training, and the intention for the future was to make it
part of the Licensing Policy.
The applicant's representative was invited to expand
on the application, providing information about the background of the offences
and the applicant's personal circumstances. They noted that the applicant had
been honest in her application and had explained why the community order was
revoked. They reiterated that this was one incident and the applicant had
pleaded guilty. Should the application be approved, they would be happy to
employ her.
The applicant was invited to expand on her
application, but she noted that she was happy with what her representative had
presented.
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's representative
Specific consideration was given to the
following matters
Background
In January 2020, the applicant was found guilty of
assault causing actual bodily harm (ABH) contrary to the Offences Against the
Person Act 1861.S.47.
In March 2022, the applicant was found guilty of not
complying with the community order requirements, contrary to the Sentencing Act
2020 Schedule 10, which was revoked after that.
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 would be expected to have
been free of any conviction for an appropriate period as stated in the Policy,
and to show evidence that they were a fit and proper person to hold a licence.
The applicant had a responsibility to prove that they were 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 6.1 noted
that, since licensed drivers came into close contact with the public regularly,
the sub-committee would adopt a firm stance towards those who had
violence-related offences.
Paragraph 6.5 of the
Policy stated that an application for a licence would normally be refused if
the applicant had a matter to be considered for common assault and/or criminal
damage and/or an offence under the Public Order Act 1986 which happened less
than three years before the date of application.
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 representative and prospective
employer's explanation of the circumstances, and the Licensing Manager'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 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.