Agenda item

To consider an application by Mr A

(separate copy for sub-committee members only)

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 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 and provide information about the background of the offences.  It was highlighted that the applicant had received a hackney licence from Anglesey Council (15.8.17) through an interview process - a copy of the licence was circulated for information.  It was reiterated that the applicant had not offended since 2008.  He was now a reformed character, was a family man and was the father of four children.

In response to an observation, the Licensing Manager noted that the delegation of rights plan in the Isle of Anglesey Council was different to the arrangements in Gwynedd, as Gwynedd officers did not have the right to make a decision if offences were recorded on the DBS report.  It was highlighted that the Licensing Unit was unaware that the application for a hackney licence had been approved by the Isle of Anglesey Council.

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 vehicle/private hire driver's licence from Gwynedd Council.

            In reaching their decision, the Sub-committee considered the following:

·         the requirements of the 'Gwynedd Council's Licensing Policy for Hackney Carriages and Private Hire'  

·         the applicant's application form

·         verbal observations presented by the applicant and his representative during 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 series of convictions had been disclosed on the applicant's DBS which included offences of using an insurance document with the intention to defraud in March 2003 and failing to stop following an accident in September 2003 having driven without sufficient care and attention.  The Sub-committee was of the opinion that these convictions equated to serious traffic crimes and were in accordance with paragraph 12.2 of the Council's policy.  However, as these offences had occurred over 5 years ago, and having considered paragraph 12.4 of the policy, the Sub-committee was satisfied that these offences were not a reason for refusing the application.

Attention was drawn to the DBS record to his conviction of drinking and driving in 2004. Similarly, the offence was historical and in accordance with paragraph 11.1 of the policy, it was not a reason for refusing the application.  Similarly, when discussing the offence of battery that occurred in 2007, the offence was historical and having considered paragraph 6.5 of the policy, it was not a reason for refusing the application. 

The latest conviction was for an act of disruption (July 2008) appeared to the applicant's representative as one that had been listed under paragraph 6.4 of the policy and that 10 years needed to have elapsed since the most recent conviction.  Nevertheless, the Solicitor highlighted that paragraph 6.5 was relevant to the conviction of causing disruption and therefore, in accordance with paragraph 6.5 and as more than three years had elapsed, the Sub-committee was satisfied that this record should not be a reason for refusing the application.

Having considered that the applicant had a hackney driving licence and a private driving licence with the Isle of Anglesey Council, that no convictions / warnings had been received for 9 years and that the applicant had attended training on Safeguarding Children and Vulnerable Adults, it was decided that the applicant was fit and proper to be issued with a hackney vehicle/private hire driver's 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.