To consider
an application by Mr B
(separate
copy for sub-committee members only)
Minutes:
The Licensing Manager submitted the written report on the application
received from Mr B for a new hackney/private hire driver’s licence. The
Sub-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 was
invited to expand on his application and provide information about the
background of the offences. He noted that he apologised for his behaviour in
the past when he was young and that he realised that he had behaved
foolishly. He was now the father of four
children and was eager to see them follow the right path. He explained that the theft offence related
to working with people betting on gambling machines. He had developed a
gambling habit and had stolen money in order to gamble. He confirmed that he
had tried to seek support for his gambling problem and had apologised to his
former employer and returned the money.
The applicant and his representative withdrew from the room while the
Sub-committee members discussed the application.
RESOLVED that the applicant was a fit and proper
person to be issued with a hackney/private hire driver's licence from Gwynedd
Council.
In reaching its decision, the
Sub-committee considered the following:
·
the requirements of
'Gwynedd Council's Licensing Policy for Hackney Carriages and Private
Hire'
·
the applicant's application
form
·
verbal observations
presented by the applicant and his prospective employer during the hearing
·
a positive reference that
was strongly in favour of the applicant was submitted to the hearing
·
the Licensing Department's
report along with the DBS statement that disclosed the convictions
Specific consideration was given to the following matters.
A lengthy series
of convictions had been disclosed on the applicant's DBS between 2001 and 2009
which included offences with elements of violence, of being drunk and
disorderly and in 2002 for driving without insurance during a driving ban. The most recent conviction was for theft
(January 2009) in connection with an offence that had been committed in
November 2008. In accordance with paragraph 16.1 of the Council's policy on
re-offending, it must first be ensured that the convictions met with the policy
guidelines individually, but together they created a history of re-offending
which demonstrated a lack of respect towards the welfare of others and their
property. The policy stated that 10 years must elapse since the most recent
conviction. The most recent conviction was eight and a half years ago and the
Sub-committee felt that the offences were pertinent to their decision.
The Sub-committee
appreciated that the applicant had been open and honest about his criminal
record and the problems he had experienced in the past. It also acknowledged
the genuine attempt made to improve his behaviour and lifestyle, and there was
no evidence of any problems in the last eight and a half years. The
Sub-committee was satisfied that the applicant could be issued with a licence,
but as the history of offences was a serious matter it was resolved to approve
the licence for a year only in the first instance.
In response to a
question by the Public Protection Manager, the Sub-committee confirmed that it
would be happy for the subsequent licence to be for the standard period of
three years provided nothing had changed at that point.
Under the
circumstances the Sub-committee was satisfied that the above-mentioned reasons
justified that the applicant was a fit and proper individual to receive a
hackney vehicle and private hire licence from Gwynedd Council.
The Solicitor reported that the decision would be confirmed formally by
letter sent to the applicant and the Licensing Unit would confirm the licence's
arrangement.