To consider
an application by Mr B
(separate
copy for sub-committee members only)
Decision:
That
the applicant was 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 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 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 submitted the written report on
the application received from Mr B for a new hackney/private hire driver’s
licence. The Sub-committee was requested to consider the application in
accordance with the relevant convictions. It was noted that the applicant had
acknowledged the conviction on his application form for a licence.
The Licensing Authority recommended that the
Sub-committee should approve the application.
The applicant was invited to expand on his application
and provide information about the background of the offence. He noted that the
incident happened when he was at school and that he had not offended since.
RESOLVED
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 April 1976, the applicant received a conviction in
a Juvenile Court for Assault causing Actual Bodily Harm (ABH) contrary to S.47
of the Offences Against the Person Act 1861. He received a fine of £5.
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 the person 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/she 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 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.
CONCLUSIONS
The Policy's provisions, the applicant's explanation of the circumstances,
and the Licensing Manager's recommendation were considered.
The Sub-committee decided in favour of approving the application as the
only conviction had happened over 48 years ago therefore far beyond the three year period and there was no evidence of any
misconduct since then.
The Solicitor reported that the decision would be
confirmed formally by letter to the applicant.