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'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.