Agenda item

To consider an application by Mr B

(separate copy for sub-committee members only)

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's representative was invited to expand on the application and to provide information about the background to the criminal offences. He noted that some of the offences were historical, but one of being in possession and growing a drug was as a result of a Police visit to his property in relation to an unconnected investigation. The applicant's representative asked a series of questions to the applicant about the offences and his background.  The applicant stated that he was anxious to get work to support his family and added that he was an open and honest person of good character.

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 convictions

Specific consideration was given to the following matters.

A lengthy series of convictions had been disclosed on the applicant's DBS record.  It was noted that there were a number of historical convictions for dishonesty offences, however, having considered paragraph 8.2 of the Council's policy, and that these convictions had taken place over 3 years ago, the Sub-committee was satisfied that these were not grounds to  refuse the application.

It was considered that the applicant had been judged guilty for criminal offences that were associated with violence in the Magistrates' Court in 1997, 1998 and 2003.  Having considered paragraph 6.6 of the Council's policy, and that more than 10 years had elapsed since the last conviction in 2003, the Sub-committee was satisfied that these were not grounds to refuse the application.

Attention was also drawn to other historical convictions from 1995, 1996 and 1998 for motoring offences where the applicant was banned on two occasions.  Having considered paragraph 12.4 and 12.11 of the policy, and bearing in mind that the convictions and suspensions had occurred 19 years ago, the sub-committee was satisfied that these convictions were not grounds for refusal.

The Sub-committee gave full consideration to the latest conviction (4.7.17) for the possession of a class B amphetamine and class B cannabis production, that were contrary to the Drug Abuse Act 1971. The sub-committee gave consideration to paragraphs 9.1 and 9.2 of the Council's policy, in cases of multiple offences, concerning the growing or the possession of drugs.  It was added that the policy noted that an application should be refused unless the applicant was free of convictions for at least 5 years and therefore this paragraph was relevant to this conviction. 

However, having received information about the background and a full explanation from the applicant, the sub-committee came to the conclusion that they could justify deviating from paragraph 9.

·         the applicant was accused of an offence as a result of the police undertaking an investigation on the site into a stolen vehicle.  As the applicant had no connection with the vehicle, he was not accused. 

·         During the investigation the police found an empty bag of amphetamine in the hall of the applicant's property.  He confessed to the charge as the bag was on the premises.

·         During the same investigation the police found one pot of cannabis and the applicant confessed   that the drug was being grown for his father who lived on the site and suffered with his health.

·         It was not a large scale production. 

·         There were no evidence of dependency

Under the circumstances  the Sub-committee, having given full consideration to the policy,  was satisfied that the above-mentioned reasons justified that the applicant was a fit and proper person to be issued with a  hackney and private hire vehicle 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.