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 Mr A. for a new hackney/private hire driver’s
licence. It was noted that the hearing was a follow-up to a decision made on
01.02.17 where the hearing was postponed until a written statement was received
explaining the reason why a licence was approved by Anglesey Council (AC),
despite the convictions on the DBS statement.
It was reiterated that a
statement of convictions had been submitted and, due to the fact that crimes
which remained relevant to the licensing field had been included in the
statement, the Committee was requested to consider the application in
accordance with the DBS record, and in accordance with the guidance on relevant
crimes and convictions. It was added that no additional convictions had been
noted since the submission of the original application.
RESOLVED that the applicant was a fit and proper person to be issued
with a hackney vehicle/private hire driver's licence and Mr A's application for
a hackney vehicle/private hire licence was granted.
In reaching their decision,
the Sub-committee considered the following:
Specific consideration was
given to the following matters.
Following an 18 month disqualification after a
drink-driving incident in August 2003 (which was lifted in September 2004
because the applicant completed a course), it was accepted that the offence of
drink-driving was an isolated conviction and in accordance with paragraph 11.1
of the Council's policy, a period of at least 3 years should have passed since
the restriction ended. Consequently, as the conviction dated from 2004, the
Sub-committee did not consider the conviction to be a reason for refusing the
application.
The Sub-committee had also considered the conviction
for a criminal damage incident (May 2004) where the applicant was sentenced to
a fine and ordered to pay compensation and costs. They had also considered the
January 2012 conviction for an incident of an attack that caused actual bodily
harm (ABH) and for two accusations of criminal damage on the same date. Under
clause 16.1 of the Licensing Policy, 'consideration
should be given to refuse the application if the applicant had a history of
reoffending, which shows a lack of respect towards the well-being of others or
their property, if a period of at least 10 years has not gone by since the
latest conviction'. However, the Sub-committee had the right to deviate
from clause 16.1 if satisfied that the exceptional circumstances were relevant.
It was considered that there was a gap of eight years
between the 2004 and 2012 convictions, and that the applicant had not gone out
to cause an act of criminal damage intentionally (2012), rather it had happened
as a result of a prank that went wrong.
In addition, it was considered that the applicant had
a hackney vehicle/private hire licence with AC and, although this did not mean
that it was required for the Sub-committee to come to the conclusion that the
applicant was a fit and proper person, it was a factor that the Sub-committee
considered when deviating from clause 16.1. It was highlighted that the
applicant had already driven in and out of Gwynedd by virtue of the
cross-boundary work, and the Sub-committee had not received any evidence of
complaints or problems relating to his work as a driver.
Under the circumstances, the Sub-committee was
satisfied that the above reasons justified the deviation from clause 16.1, and
therefore accepted that the applicant was a fit and proper person to accept a
licence with Gwynedd Council. It was emphasised that this application had been
decided on its own merits and, therefore, did not set a precedent.