To consider
an application by Mr A
(separate
copy for sub-committee members only)
Minutes:
The Licensing Manager presented the written report on the application
received from Mr A. for a 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. He highlighted his intention to employ the applicant, if the licence was granted, by offering
him up to 30 hours of work a week. The applicant was invited to share information on the background of the criminal offences and it was highlighted
that the main reason for his mistake was a misunderstanding. He confirmed that he had a full
current driving licence.
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 the convictions
Specific consideration was given to the following matters.
Following a conviction by South Anglesey Magistrates Court
(September 2000) for one incident of ABH the applicant was sentenced
to community service and an order
to pay compensation and costs.
In accordance with paragraph 6.5 of the
Council's policy an application will be refused if less than 3 years have
elapsed since receiving a conviction for a ABH crime. As the conviction had taken place over 16
years ago, the Sub-committee was satisfied that it did not fall within the
restriction of clause 6.5 and therefore was not a reason for refusing the
application.
Following a conviction from the South Anglesey Magistrates
Court (December 2003) for one charge
of drunken and unruly behaviour the applicant received a fine and an
order to pay costs. The Council's policy does not address such an
offence specifically, however, it was highlighted that clause 17.1 of the policy stated that 12 months must have
elapsed since the date of conviction. As the conviction had taken place over
13 years ago, the Sub-committee was satisfied that it did not fall within the restriction of clause 17.1 and therefore was not a reason for refusing
the application.
Following a conviction from the South Anglesey Magistrates
Court (December 2009) for one charge
of using a vehicle without insurance the applicant received 7 penalty points and an order
to pay a fine, victim surcharge and costs. The applicant was not banned from driving. In accordance with
paragraph 12.2 of the policy,
the crime is considered to
be a serious driving offence and 6 months
should elapse since receiving the conviction. As the conviction had taken place 8 years
ago, the Sub-committee was satisfied that this conviction should not be a reason for refusing the application.
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.
The Sub-committee was satisfied that the above reasons justified
that the applicant was a fit and proper person to receive a licence with Gwynedd Council.