Former bus driver who committed ABH challenges council over delays to granting taxi licence

Dale Spridgeon – Local Democracy Reporter

A former school bus driver who committed actual bodily harm 42 years ago has challenged a council over delays to granting him a taxi licence.

Cyngor Gwynedd’s general licensing sub committee heard that in June 1982, the applicant had been found guilty of assault that led to a bail order for two years.

The Licensing Authority recommended that the sub-committee should approve the application for a taxi/hackney private hire driver’s licence.

But during his application, a representative for the man known only as Mr “A” challenged the council’s licensing process.

Costs

He had asked why a hearing had to be held, and queried why the council’s environment department did not have “delegated powers to approve the application” suggesting it had meant “unnecessary costs to the taxpayer.”

It had been highlighted that the conviction had occurred when the applicant was 18-years-old, some 42 years ago, and he had not offended since.

The applicant had been “a school bus driver and that post entailed “responsibility and trust”.

The applicant had been unemployed while waiting for a hearing and it was felt that the process was “unsuitable.”

Responding, the council’s licensing manager noted that the Gwynedd Delegated Rights Scheme had “arrangements in place” whereby an application with any offence appearing on the applicants’ DBS would be presented to a sub-committee for a decision.

Conviction

It was “in accordance with the council’s constitution” that neither she nor the head of the environment department had the power to make a decision be that due to a historical conviction or otherwise”.

But, that the procedure and process were being reviewed with discussions taking place with the legal department to consider cases where a decision could be delegated.

Any amendment to the Constitution would be presented to the Licensing Committee and to the Full Council.

The sub committee found in favour of granting the application and that the applicant was “a fit and proper person” to hold a 12 month hackney and private hire vehicle driver’s licence.

The council’s solicitor also reported that the decision would be confirmed formally by letter to the applicant and the comments of the applicant’s representative regarding the hearings procedure “would be considered.”

Two other men with convictions for violent crimes in the past were also granted licences by the sub committee

A former soldier, listed as Mr ‘A,’ was found guilty of common assault in 2017, contrary to the Criminal Justice Act 1988 at Surrey Magistrates Court, a report noted.

He was also found guilty of destroying/damaging property (value less than £5000) under the Criminal Damages Act 1971.

Offences

In April, 2013 he was found guilty of three incidents of serious driving offences – contrary to the Road Traffic Act 1988 S.5 (1) (A)

In November 2021, the applicant received six penalty points for failure to provide information about the identity of a driver – the points would expire on November 17, 2024.

The Licensing Authority had recommended that the sub-committee refuse the application.

But, at the meeting, the applicant was invited to “expand” on the application and provide information about the background of the offences and his personal circumstances.

He highlighted that the offences had occurred during his time in the army and that he had not offended since, a report noted.

The hearing was told: “The man had reiterated that he was now working full time and seeking work on the weekend to get a second income to buy a house locally.”

“The members believed that the convictions, individually, satisfied policy criteria, however, with the number of convictions, the sub-committee needed to consider the pattern of re-offending. The serious driving convictions had happened 10 years ago and the current points that were on the applicant’s licence would expire in November 2024.

“However, concern was highlighted that the 2017 convictions involved violence, and in accordance with the policy’s requirements, 10 years had not elapsed.”

“With the need to show that this type of behaviour belonged in the past, it was considered appropriate in this case to approve the licence for only a year and for any licence renewal application to appear before the sub-committee in 12 months’ time.”

Battery

In a third application, another “Mr A” had convictions dating to October 2008, when he was found guilty of battery contrary, to the Criminal Justice Act 1988 (s.39) and Actual Bodily Harm, contrary to the Offences Against the Person Act 1861 (s.47).

The Licensing Authority recommended that the sub-committee should approve the application.

The applicant, another former soldier, told the sub committee “the offences had occurred during one incident and during a challenging and vulnerable time in his life and he had not offended since.

He added that he was now working full time in a responsible job, and this included working in situations of anti-social behaviour, and he volunteered in a local school.”

In response to a question by one of the members regarding his ability to control his temper when dealing with challenging customers, he noted that he had “matured since his time in the army, and he could ignore any trigger to respond violently”.

The sub-committee considered that 16 years had elapsed since the offences and that there was no evidence of any conviction or other relevant matter since then.

The sub-committee determined in favour of granting the application and that the applicant “was a fit and proper person to hold a hackney and private hire vehicle driver’s licence”.

The October cases were submitted for information, in the minutes of the General Licensing Sub-committee meeting, held Monday, October 2024.