To consider
an application by Mr A
(separate
copy for sub-committee members only)
Decision:
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 approve the application.
In accordance with
the hearing procedure, the applicant and / or his representative was given an
opportunity to ask questions of the Council’s representative.
It was asked why a
hearing had to be held and why the Environment Department did not have
delegated powers to approve the application - the applicant's representative
suggested that this meant unnecessary costs to the taxpayer.
In response, the
Licensing Manager noted that the Gwynedd Delegated Rights Scheme had
arrangements in place whereby an application with any offence appearing on the
applicants' DBS would be presented to a Sub-committee for a decision. It was added, in accordance with the
Council's Constitution, that neither she nor the Head of the Environment
Department had the power to make a decision be that due to a historical
conviction or otherwise.
It was noted that
the procedure and process were being reviewed with discussions taking place
with the Legal Department to consider cases where a decision could be
delegated. Any amendment to the
Constitution would be presented to the Licensing Committee and to the Full
Council.
In response to a
question regarding whether the Licensing Manager had the right to suspend or
revoke a licence, the Licensing Manager confirmed that she had the right to do
this.
The applicant was
invited to elaborate on the application giving information about the background
to the conviction and his personal circumstances, however, the applicant was
eager for his representative to discuss the application with the Members. His representative
highlighted that the conviction had occurred when the applicant was 18 years
old, 42 years ago, and he had not offended since. He added that the applicant had been a school
bus driver and that post entailed responsibility and trust.
Attention was drawn
to paragraph 6.5 of the Licensing Policy which stated that an application will
be refused if the applicant has a conviction that is less than 3 years prior to
the date of the application - he emphasised once more that 39 years had
elapsed. He added that the applicant had
been unemployed while waiting for a hearing and that the process was unsuitable
and inappropriate. He asked the Panel to
consider his request to change the process.
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
'Gwynedd Council'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's representative
Specific consideration was given to the following matters:
Background
In June 1982, the
applicant was found guilty of Assault causing Actual Bodily Harm (ABH) contrary
to the Offences Against the Person Act 1861 (S.47) that led to a bail order for
two years.
There were 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 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 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 take into
account 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 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 his circumstances and the Licensing
officer's recommendation were considered to approve the application. The
members were of the opinion that the conviction satisfied the policy's
criteria.
The Sub-committee
considered the fact that 42 years had elapsed since the offence and that there
was no evidence of any conviction or other relevant matter since then. The applicant's explanation of the incident
in 1982 was considered (when he was 18 years old) and the fact that he took the
blame and pleaded guilty. It was also
noted that he had been employed over the years, and for the last 10 years he
had been driving a school bus which was in essence a post of trust.
In response to a
question regarding the bus licence arrangements, it was noted that an
arrangement to check the suitability of a driver would also be relevant to the
post of a bus driver under a different process to the taxi driver licence
process.
The Sub-committee
determined in favour of granting the application and 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 and the comments of the Applicant's Representative regarding the
hearings procedure would be considered.