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  • Agenda item

    APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE

    • Meeting of General Licensing Sub Committee, Tuesday, 9th April, 2024 10.00 am (Item 6.)

    To consider an application by Mr B

     

    (separate copy for sub-committee members only)

     

    Decision:

    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.

     

     

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