To consider
an application by Mr A
(separate
copy for sub-committee members only)
Minutes:
The Chairman welcomed everyone to the meeting. He
highlighted that the decision would be made in accordance with Gwynedd
Council's licensing policy. It was noted
that the purpose of the policy was to set guidelines for the criteria when
considering the applicant's application and the aim was to protect the public
by ensuring that:
• A person is a fit and
proper person
• That the person does not
pose a threat to the public
• That the public are
safeguarded from dishonest persons
• The safeguarding of
children and young people
• The safeguarding of
vulnerable persons
• That the public have
confidence in their use of licensed vehicles.
The Licensing Manager presented a written report on
the application received from Mr A. for a hackney/private hire driver’s
licence. The Sub-committee was requested to consider the application in
accordance with the DBS record, and the guidelines on relevant criminal offences
and convictions.
The applicant was invited to expand on the
application and provide information about the background of the offences. He highlighted that they were historical
offences and that he had now established a successful business employing two
people. He noted that he was a
responsible person now compared to his early years and that he had not
committed any offence for over 12 years.
He added that he volunteered as a Rally Wales Marshall and had completed
a safety accreditation.
The applicant 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 Vehicles'
• the applicant's
application form
• verbal observations
presented by the applicant during the hearing
• the Licensing Department's report along with the DBS statement disclosing
the convictions
Specific consideration was given to the following
matters.
That a series of convictions (April 1990) had been disclosed
on the applicant's DBS record including driving offences, such as drink
driving, careless driving, driving whilst disqualified, driving without
insurance and two traffic offences. As a result, he was sentenced to six months
in custody for the drink drive offence, a sentence of 6 months for careless
driving (consecutively) and four months in custody for the disqualification
(also consecutively). He was banned from driving for five years.
The Sub-committee was of the opinion that these
convictions were tantamount to Drink Drive offences and Serious Traffic
Offences and were in accordance with paragraph 11 and 12 of the Council's
policy. In accordance with paragraph
11.2 of the Licensing Policy, it was noted that it was unlikely that a licence
would be granted to applicants with more than one conviction for driving or
being in charge of a vehicle under the influence of alcohol, unless a period of
10 years had elapsed. The sub-committee was satisfied that the offences did not
cause any grounds to refuse the application as a period of 22 years had elapsed
since his driving licence had been restored.
The opinion was the same with the convictions for
careless driving, driving whilst disqualified, driving without insurance and
two traffic offences that were considered under paragraph 12.2. As more than three years had elapsed since
these offences, the ban under paragraph 12.4 was not relevant in this
case.
Attention was drawn to the DBS record of being
guilty for offences for the possession of cannabis with the intention to supply
in 1992, contrary to the Drug Abuse Act 1971. In the same manner, this offence
was also historical and in accordance with paragraph 9.3 of the policy there
were no grounds to refuse the application.
The Sub-committee took into consideration that the
applicant had not received any convictions or warnings for 12 years and they
were satisfied that he was a fit and proper person to be issued with a hackney
vehicle/private hire driver's licence.
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.