Agenda item

To consider an application by Mr A

(separate copy for sub-committee members only)

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.