To consider an application by Mr B
(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 submitted the written report on the application
received from Mr B for a new 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's representative was invited to expand on the application and
provide information about the background of the offences. He noted that some of the offences were
historical, except for one assault in June 2017. The circumstances of the assault were
expanded upon and it was noted that the applicant had admitted that he had made
a mistake. Although he was aware of the offence he had been open and honest
when submitting the application. It was
noted that there was no likelihood that he would re-offend and that having a
job would be his opportunity to improve his quality of life and provide for his
children. The Panel was asked to give
full consideration to the situation and it was suggested that the policy was
merely a guide and therefore it was possible to depart from it to reach the
right decision.
The applicant and his representative withdrew from the room while the
Sub-committee members discussed the application.
RESOLVED that the applicant was not 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 that included offences (between 1990 and 1998) for criminal damage,
driving offences, causing an affray, robbery and common assault. The Sub-committee was of the opinion that a
number of these convictions were relevant to robbery offences with most recent
in 1996. In considering paragraph 8.2 of
the policy and that these offences were historical, there was no grounds to
refuse the application.
The opinion was the same with the historical
convictions for driving and violence where paragraphs 12 and 6.5 of the policy
had been considered.
However, the Sub-committee highlighted concern when considering the offence
of assault and harassment (June 2017) where the applicant received, under
section 2 of the Protection from Harassment Act 1997, a community order of 12
months, a prevention order and an order to pay damages and costs. Paragraph 6.5 of the policy was considered
which states that an application will be refused if the applicant has a
conviction that is less than 3 years prior to the date of the application. It was highlighted that the paragraph
listed various offences including
harassment under the Public Order Act 1986. The Sub-committee considered that
harassment under the 1997 Act was similar to harassment under the 1986 Act and
therefore continued to be relevant to paragraph 6.5 of the policy.
It was highlighted that these offences had taken
place less than 5 months ago - evidently within the three year period and were
a likely consideration to refuse the application. The Sub-committee was aware that paragraph
6.5 was only a guide as the applicant's representative pointed out. It was also noted that the Sub-committee
acknowledged that they could depart from the policy if there was sufficient
justification to do so.
Having considered that the offence had arisen from
a domestic incident concerning the applicant's partner, the Sub-committee did
not consider this to be a sufficient reason to depart from the guidance. In
addition, the Sub-committee was concerned regarding the obvious inconsistencies
in the explanation given regarding the circumstances of the assault. The applicant's verbal comments referred to
holding his partner's wrist, whilst his representative's verbal comments
referred to the applicant pushing his partner.
Consequently, the Sub-committee was not
sufficiently convinced that the applicant was a fit and proper person to be
issued with a hackney vehicle and private hire driver's licence from Gwynedd
Council.
The Solicitor reported that the decision would be
confirmed formally by letter sent to the applicant with details of his right to
appeal.