To consider
an application by Mr B
(separate
copy for sub-committee members only)
Decision:
Minutes:
The Chair welcomed everyone
to the meeting. She explained that the decision would be made in accordance
with Cyngor Gwynedd'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, with the aim of protecting the public by ensuring that:
• The person is a fit and proper person
• The person does not pose a threat to the
public
• The public are safeguarded from dishonest
persons
• Children and young people are protected
• The safeguarding of vulnerable persons
• The public have confidence in using licensed
vehicles.
The Licensing Manager submitted a written report on
the application received from Mr B for a hackney/private hire vehicle driver’s
licence. The Sub-committee was requested to consider the application in
accordance with the DBS record, the guidelines on criminal offences and
relevant convictions together with a taxi driver's safety certificate. It was
highlighted that the applicant had not declared any previous convictions on his
application form. The Licensing
Authority had recommended that the Sub-committee should refuse the application.
The applicant was invited to expand on the
application and provide information about the background of the sentence, why
he had not stated that he had previous convictions on his application form and
his personal circumstances. He explained
that he had served 1 month in prison and he then had
to wear a tag as his friend had threatened a witness by using his phone. He also highlighted that he had only one
conviction /incident and not convictions / incidents as noted in the
report. He apologised for not disclosing
the offence on his application form and explained that he was not good at
completing forms.
RESOLVED that the
applicant was a fit and proper person to be issued with a hackney/private hire
vehicle driver's licence from Cyngor Gwynedd.
In reaching its decision, the Sub-committee considered
the following:
· The requirements of 'Cyngor Gwynedd's Licensing Policy
for Hackney Carriages and Private Hire Vehicles'
· the applicant's application form
· the Licensing Department's report and the DBS
statement
· the applicant's verbal representations
Specific consideration was given to the
following matters:
Background
In August 2008 the applicant was found guilty of
intimidating a witness or juror with the intention of preventing, perverting or intervening with the course of justice
contrary to the Criminal Justice and Public Order Act 1994 S.51 (1) and he
received a sentence of imprisonment for 6 months.
RELEVANT CLAUSES OF
THE POLICY
Paragraph 2.2 of the
Council's Policy was considered, which states that a person with a conviction
for a serious offence need not be automatically barred from obtaining a
licence, but he will be expected to have been free of any conviction for an
appropriate period as stated in the Policy, and to show evidence that he is a
fit and proper person to hold a licence. The onus was on the applicant to prove
that he was a fit and proper person.
Clause 2.3 of the Policy
notes that any criminal convictions may be considered, or other matters that
deal with the suitability and propriety of the applicant. Consequently, the
offence whereby the applicant was found guilty was a very serious offence, one
that justified a sentence of 6 months imprisonment.
Paragraph 2.4 states that
when an applicant has a conviction(s) or there are other related matter(s) to
be considered in connection with that, the Council cannot review the merits of
the conviction or the other matter.
Paragraph 4.5 was
considered which states that the Rehabilitation of Offenders Act 1974 (Exceptions)
(Amendment) Order 2002 allows the Sub-committee to take into
account all convictions recorded against an applicant, whether spent or
otherwise, under the 1974 Act.
Paragraph 6.0 of the
Policy addresses violent offences. Paragraph 6.1 states that, since licensed
drivers come into close contact regularly with the public, the sub-committee
shall adopt a firm stance towards those who have offences involving violence.
Paragraph 6.5 of the
Policy states that an application for a licence will normally be refused if the
applicant has a matter to be considered for common assault and/or criminal
damage and/or an offence under the Public Order Act 1986 which happened less
than three years before the date of application.
CONCLUSIONS:
The Sub-committee came to the conclusion, as 14
years had elapsed since the applicant was convicted, that the three-year
threshold under the Policy had obviously elapsed. There were no previous
convictions or subsequent convictions.
Despite the explanation for the incident in 2008, the sub-committee was
not totally clear what the circumstances were and the
applicant had to accept responsibility for loaning his phone to his friend to
threaten a witness. However, as a
sufficient period of time had elapsed since the offence,
there were no compelling reasons for not following policy guidelines in this
case.
The Sub-committee determined in favour of approving the application and that
the applicant was a fit and proper person to hold a hackney and private hire
vehicle driver's licence for a year.
The Solicitor reported that the decision would be
confirmed formally by letter to the applicant.