To consider
an application by Mr A
(separate
copy for sub-committee members only)
Minutes:
The Licensing Manager presented the written report on the application
received from Ms A for a new hackney
carriage/private hire vehicle driver’s
licence.
It was reiterated that a statement of convictions had been submitted and it noted that
the applicant had a
conviction that was
relevant to the licensing of taxi drivers. The Committee was asked to consider
the application in accordance with the DBS record,
and in accordance with the guidelines on relevant criminal offences and
convictions.
The applicant's representative
was invited to expand on the application. Information was given regarding the background of the criminal offences and it
was noted that three had occurred on Halloween when
a trick had backfired. Reference was made to the other criminal offences that were historical. It was added that the applicant had worked as a driver for
a local company and she had also
received a hackney vehicle driving licence from Anglesey Council (December 31st 2016).
It was noted that a hearing had not been conducted and that it
was only a request to submit information on paper.
The applicant and her representative withdrew from the room while the Sub-committee members discussed the
application.
The Sub-committee received
the information recorded in the DBS statement as an accurate account of events. In reaching their decision, the Sub-committee considered the following factors:
·
The requirements of the 'Gwynedd Council's Licensing Policy for Hackney Carriages and Private Hire Vehicles'
·
The applicant's application form
·
Verbal observations by the applicant and her representative
·
The Licensing Department's
report along with the DBS statement
THE SUB-COMMITTEE
RESOLVED TO DEFER THE APPLICATION
The Sub-committee provided the following reasons for its decision:-
·
The DBS record stated that there
were multiple convictions for the criminal
offence of damage with the latest taking place in 2011.
·
During the hearing
it was highlighted
that the applicant had received a hackney carriage / private hire vehicle
driving licence from
Anglesey Council (AC) on 31 December 2016 (a licence
ID Card was presented as evidence of this). It was noted that
the details of the AC licence had
not been disclosed on the original application form, however, the applicant's representative argued that Gwynedd Council's (GC) Licensing Unit were aware of the AC licence. Despite this, no details about the decision had been shared, such as the date when the GC Licensing Unit was informed, which officer was informed
and by what means of
communication. The Licensing
Manager confirmed that the
GC Licensing Unit had no
information regarding the AC licence.
·
Further information was required regarding
the AC licence before they could be in a situation to make a final decision.
·
CG's Licensing
Unit needed to make enquiries with the AC Licensing Unit on the following matters:
a. Confirm that the applicant had been issued with a hackney carriage /private hire vehicle driving
licence
b. To verify the contents of AC's
policy on applications for hackney
carriage/private hire vehicle driving
licence
c. Request a written statement of
the reasons why the licence
was approved, despite the convictions on the DBS statement.
·
That it
was possible to refuse the application on the grounds
of clause 16.1 The 'Gwynedd Council's Licensing Policy for Hackney Carriages and Private Hire Vehicles' 'prevents the issuing of a licence
when the applicant has
multiple convictions for criminal damage crimes, when the previous conviction occurred less than
10 years prior to the
application'. However, members
were anxious to receive further information regarding the AC licence before they could be
in a situation to make a final decision.
·
That the applicant
was in employment and therefore was satisfied
to an extent that she would not be
harmed by the delay
·
If the information regarding the AC licence had been
submitted with the
application then it would have been possible for GC's
Licensing Unit to have made appropriate
enquiries with the AC Licensing Unit and therefore avoid the need for a deferral.
·
It was
necessary to ensure a fair hearing and to safeguard public safety.
The applicant's representative
expressed his discontent with the decision and stated that he would
be making an official
complaint about the Licensing Unit.
The meeting commenced at 10.40am and concluded at 11.30am.