To consider
an application by Mr A
(separate
copy for sub-committee members only)
Decision:
DECISION
That
the applicant was a fit and proper person to be issued with a 12month
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 presented the written report on
the application received from Mr A for a hackney/private hire 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 refuse the application.
The applicant was invited to expand on the application
and provide information about the background of the offences and his personal
circumstances. He highlighted that the offences had occurred during his time in
the army and that he had not offended since. He reiterated that he was now
working full time and seeking work on the weekend to get a second income to buy
a house locally.
In response to a question by the Licensing Manager
regarding his ability to control his temper when dealing with challenging
customers, he noted that he had matured since his time in the army, and he
could ignore any trigger to respond violently.
RESOLVED that the applicant was a fit and proper person to be issued
with a 12-month 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 report of the Driver
and Vehicle Licensing Agency
·
The applicant's application
form
·
Verbal observations by the
applicant
Specific consideration was given to the
following matters:
Background
In June 2017, the applicant was found guilty of common
assault, contrary to the Criminal Justice Act 1988 (S.39) at Surrey Magistrates
Court. He received a fine of £350.00, costs of £85, compensation of £200 and a
Surcharge of £35 to the Victim.
In May 2017, the applicant was found guilty of
Destroying / Damaging Property (value of the damage being less than £5000)
under the Criminal Damages Act 1971.
In April 2013 the applicant was found guilty of 3
incidents of Serious Driving Offences contrary to the Road Traffic Act 1988 S.5
(1) (A). He received a fine of £300 and was disqualified from driving for 12
months.
In November 2021, the applicant received six penalty
points for failure to provide information about the identity of a driver –
these points would expire 17 November 2024.
No other convictions to consider
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 he would be expected to have
been free of any conviction for an appropriate period as stated in the Policy,
and to show evidence that he 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
that 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 consider all convictions recorded against an
applicant, whether spent or otherwise, under the 1974 Act.
Paragraph 6.0 of the Policy addressed violent
offences. Paragraph 6.1 stated that, since licensed drivers came into close
contact regularly with the public, the sub-committee shall adopt a firm stance
towards those who had offences involving violence.
Paragraph 11.0 which addressed drink-driving offences,
was considered. In paragraph 11.1, it was noted that a serious view would be
taken of convictions for driving or being in charge of a vehicle under the
influence of alcohol / drugs. Anyone who had been found guilty of offences
relating to drink-driving was unlikely to receive a licence until they had been
free from such conviction(s) for at least three years. A conviction for
'refusing or failing to provide a sample' was dealt with in the same manner.
Section 12 of the Policy related to motoring
convictions, and paragraph 12.2 listed serious traffic offences for the
purposes of the Policy. Amongst the offences were IN10 (use of an uninsured
vehicle). It was noted that an application would normally be refused (12.10)
where the applicant had a conviction resulting in a period of disqualification
of 12 months or more unless a period of 18 months had elapsed from the end of
the disqualification period.
CONCLUSIONS
The Policy's provisions, the applicant's explanation of the circumstances,
and the Licensing Manager's recommendation were considered. The members
believed that the convictions, individually, satisfied the policy's criteria,
however, with the number of convictions, the Sub-committee needed to consider
the pattern of re-offending.
The serious driving convictions had happened 10 years ago and the current points
that were on the applicant's licence would expire in November 2024. However, concern was highlighted that the
2017 convictions involved violence, and in accordance with the policy's
requirements, 10 years had not elapsed. However, consideration was given to the
fact that seven years had elapsed since the 2017 convictions and that the
applicant's situation had changed since then. He was now out of the army and in
a fixed and full-time employment. With the need to show that this type of
behaviour belonged in the past, it was considered appropriate in this case to
approve the licence for only a year and for any licence renewal application to
appear before the Sub-committee in 12 months’ time.
The Sub-committee determined in favour of granting the
application. It was determined that the applicant was a fit and proper person
to hold a hackney and private hire vehicle driver's licence for 12 months.
The Solicitor reported that the decision would be
confirmed formally by letter to the applicant.