Venue: Ystafell Cynhadledd, Swyddfeydd y Cyngor, Cae Penarlag, Dolgellau, LL40 2YB - SDO. View directions
Contact: Lowri Haf Evans 01286 679 878 Email: lowrihafevans@gwynedd.llyw.cymru
No. | Item |
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APOLOGIES To receive
any apologies for absence. Minutes: None to
note |
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DECLARATION OF PERSONAL INTEREST To receive
any declaration of personal interest. Minutes: No declarations of personal interest were received from any members
present. |
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URGENT ITEMS To note any
items that are a matter of urgency in the view of the Chairman for
consideration. Minutes: None to
note |
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EXCLUSION OF PRESS AND PUBLIC The
Chairman shall propose that the press and public be excluded from the meeting
during the discussion on the following items due to the likely disclosure of
exempt information as defined in paragraph 12, Part 4, Schedule 12A of the
Local Government Act 1972. This paragraph should apply because the individuals
in question are entitled to privacy and there is no overriding public interest
that requires the disclosure of personal information relating to those
individuals, nor their identity. Consequently, the public interest in
maintaining the exemption outweighs the public interest in disclosing the
information. Minutes: RESOLVED to exclude the press and public from
the meeting during the discussion on the following items due to the likely
disclosure of exempt information as defined in paragraphs 12 and 13, Part 4,
Schedule 12 A, of the Local Government Act 1972. These paragraphs applied as
the individuals in question were entitled to privacy and there was no
overriding public interest that required the disclosure of personal information
relating to those individuals, nor their identities. Consequently, the public
interest in maintaining the exemption outweighed the public interest in
disclosing the information. |
|
APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider
an application by Mr A (separate
copy for sub-committee members only) Minutes: The Chair, Councillor Eryl Jones Williams, welcomed everyone to the
meeting. The panel and the officers were introduced to everyone present. a) The Licensing Manager presented the written report on
the application received from Ms A for a new hackney/private hire driver’s
licence. b) It was reiterated that a statement of convictions had
been submitted and the statement noted that the applicant had a conviction that
was relevant to licensing taxi drivers.
The Committee was asked to consider the application in accordance with
the DBS record, and in accordance with the guidelines on relevant crimes and convictions. c) The applicant was invited to expand on her
application. She expanded on the background to her conviction and noted her
wish to be employed as a taxi driver to support the position and safety of
women. ch) Mr M Elderking,
the owner of a Taxi Company, supported Ms A's application. He confirmed that he
knew the applicant and that there would be a job available for her if her
application was approved. He emphasised that his company was responding to the
demand from women for female taxi drivers. d) The applicant and the owner
of the taxi company withdrew from the room while the Sub-committee members
discussed the application. dd)
The Sub-committee received
the information recorded in the DBS statement as an accurate account of events.
The Sub-committee was reminded, in accordance with section 59 of the Local
Government (Miscellaneous Provisions) Act 1976, that a licence could not be
issued unless they were satisfied that the applicant was a fit and proper
person to hold a licence. e) In reaching their decision, the Sub-committee considered
the following factors: ·
the requirements of the
'Gwynedd Council's Licensing Policy for Hackney Carriages and Private
Hire' ·
the applicant's application
form ·
the applicant and the Taxi
company Owner's verbal comments ·
the Licensing Department's
report along with the DBS statement - that the applicant had previous convictions: that the offence of drink-driving and driving without
a MOT certificate on the same date were historical. The offence of drink-driving
was an individual conviction and in accordance with paragraph 11.1 of the
Council's policy, a period of at least 3 years should have passed since the
restriction ended. Consequently, as the
conviction dated from 2007, the Sub-committee did not consider the conviction
as being a reason for refusing the application. RESOLVED that the
applicant was a fit and proper person to be issued with a hackney
vehicle/private hire driver's licence and Ms A's application for a hackney
vehicle/private hire licence was granted.
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider
an application by Ms B (separate
copy for sub-committee members only) Minutes: The Chair, Councillor Eryl Jones Williams, welcomed everyone to the
meeting. The panel and the officers were introduced to everyone present. a)
The
Licensing Manager presented the written report on the application received from
Mr B for a new hackney/private hire driver’s licence. b)
It
was reiterated that a statement of convictions had been submitted and the
statement noted that the applicant had a conviction that was relevant to
licensing taxi drivers. The Committee
was asked to consider the application in accordance with the DBS record, and in
accordance with the guidelines on relevant crimes and convictions. c)
The
applicant was invited to expand on his application. He further explained the
background to the offences and noted that he was remorseful. He circulated two
references which he had received - one from the Manager of a taxi company
expressing a willingness to employ him as a taxi driver on journeys for school
pupils. ch) The applicant withdrew from the room while
the Sub-committee members discussed the application. d)
The
Sub-committee received the information recorded in the DBS statement as an
accurate account of events. The Sub-committee was reminded, in accordance with
section 59 of the Local Government (Miscellaneous Provisions) Act 1976, that a
licence could not be issued unless they were satisfied that the applicant was a
fit and proper person to hold a licence. dd)
In
reaching their decision, the Sub-committee considered the following
factors: ·
the
requirements of the 'Gwynedd Council's Licensing Policy for Hackney Carriages
and Private Hire' ·
the
application form and the applicant's verbal observations ·
the
contents of the references ·
the
Licensing Department's report along with the DBS statement - that the applicant had one previous convictions for an
incident of criminal damage and three convictions (although one had not been
declared on the DBS record) for
drink-driving. It was considered
that the drink-driving convictions remained ‘unspent’. In accordance with
paragraph 11.2 of the Licensing Policy, it was noted that it was unlikely that
a licence would be granted unless a period of 10 years had elapsed after the
restoration of the licence following the last conviction. In this case, as 10
years had not passed since the end of the restriction, the conditions of
paragraph 11.2 were relevant. It was explained
that unless there were exceptional reasons to divert from the requirements of
paragraph 11.2, the Sub-committee would not be in a position to grant the licence
under the circumstances. It was considered that these circumstances were not
exceptional to justify diverting from the restriction under paragraph 11.2 of
the Licensing Policy RESOLVED that the applicant
was not a fit and proper person to be granted a hackney/private hire driver’s
licence and Mr B's application for a hackney/private hire driver's licence was
refused. The solicitor
explained that the applicant had the right to submit an appeal to the
Magistrates' Court following the Sub-committee's decision to refuse, within 21
days of receipt of the letter confirming
the decision. |