To consider
an application by Mr C
(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 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 is a fit and proper person
• The person does not pose a threat to the
public
• The public are safeguarded from dishonest
persons
• Children and young people are protected
• Vulnerable persons are protected
• The public have confidence in using licensed
vehicles.
The Licensing Manager submitted the written report on
the application received from Mr C for a 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 had happened during a difficult divorce. He emphasised that the
conviction was non-violent (A2) and related to a lack of communication. He
added that he always explained the situation to employers and was embarrassed
by his behaviour.
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 March 2017, the applicant received a conviction at
Gwynedd Magistrates' Court for conduct amounting to harassment, contrary to the
Protection from Harassment Act 1997 S.2(1) + S.2(2). The applicant received a
20-week sentence suspended for 18 months plus a £425 fine, a requirement to
undertake unpaid work and rehabilitation activity. A restraining order was also
imposed on the applicant.
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
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 is on the applicant to show that he/she is a
fit and proper person. Paragraph 2.4 states that when an applicant has a
conviction(s) or there are other matter(s) to be considered in connection with
that, the Council cannot review the merits of that conviction or the other
matter.
Paragraph 4.5 was considered which states that the
Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2002 allows
the Sub-committee to take into account all convictions
recorded against an applicant, whether spent or otherwise, under the 1974 Act.
Paragraph 6.0 of the Policy addresses violent
offences. Paragraph 6.1 states that, since licensed drivers come into close
contact regularly with the public, the sub-committee shall adopt a firm stance
towards those who have offences involving violence.
Paragraph 6.2 notes
that anyone found guilty of an offence relating to violence is 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 must be given to the nature of the offence.
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 seven years ago therefore far beyond the
three-year period and there was no evidence of any misconduct since then. It
was accepted that the offence had taken place during a period of difficult
personal circumstances, and the applicant was thanked for being open and honest
when discussing the background to his conviction, acknowledging
and accepting responsibility for his behaviour in full. There was no evidence
of further convictions and therefore the Sub-committee was satisfied that the
applicant was a fit and proper person to be issued with a licence.
The Solicitor reported that the decision would be
confirmed formally by letter to the applicant.