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Contact: Lowri Haf Evans 01286 679878
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 is relevant as the report
includes information about specific individuals who have the right to privacy.
There is no public interest that calls for disclosing personal information
about these individuals which would outweigh their rights. Consequently, the
public interest in maintaining the exemption outweighs the public interest in
disclosing the information Minutes: It was 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 12A 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, or their identities. Consequently, the public interest in
maintaining the exemption outweighed the public interest in disclosing the
information. |
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider
an application by Mr A (separate
copy for sub-committee members only) Decision: That the applicant is a fit and proper person to be issued with a hackney vehicle/private hire driver's licence from Gwynedd Council. Minutes: a) The Chair
welcomed everyone to the meeting. He explained 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, 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 • Vulnerable persons are protected • The public have confidence in using licensed vehicles. The Licensing Officer presented a written report on an
application received from Mr A for a hackney carriage/private hire 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. The Licensing Authority recommended that the
Sub-committee should approve the application. The applicant's representative (his prospective employer) was invited to expand on Mr A's application and provide
information about the background of the convictions and his personal
circumstances. He explained that the
incidents that were recorded on the DBS were
historical. It was noted that Mr A had been working as
a courier for a number of years and that he now wished to change direction. It was also noted, in cases where there were historical
convictions, that Gwynedd Council's Licensing Policy needed to be reviewed. b) RESOLVED
that the applicant was a fit and proper person to be issued
with a hackney /private hire vehicle driver's licence from Gwynedd Council. c) In reaching
its decision, the Sub-committee considered the following: • The requirements of 'Gwynedd
Council'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 verbal representations from the applicant's prospective
employer • The Driver
and Vehicle Licensing Agency's guidelines ch)
Specific consideration was given to the following matters: In June 1985, the applicant was found
guilty by Bangor Magistrates Court on three charges of theft, contrary to s1
Theft Act 1968. He received community
service orders of 300 hours for these convictions. 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 would normally
be expected to remain free of any conviction for an appropriate period as
stated in the Policy, and to show evidence that the individual 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. Paragraph 2.4 of the policy notes that
when an applicant has a conviction(s) or other related matter(s) to be considered, the Council cannot review the merits of the
conviction or other matter. Paragraph 4.5 was considered which states that the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2002 ... view the full minutes text for item 5. |
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider an application by Mr B (separate copy for sub-committee members only) Decision: That the applicant is a fit and
proper person to be issued with a hackney vehicle/private hire driver's licence
from Gwynedd Council. Minutes: a) The Chair welcomed
everyone to the meeting. He explained 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, 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 • Vulnerable persons are protected • The public have
confidence in using licensed vehicles. The Licensing Manager submitted
the written report on the application received from Mr B for a hackney/private
hire 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. The Licensing Authority
recommended that the Sub-committee should approve the application. The applicant was invited to expand on the application and provide
information about the background of the offences and his personal
circumstances. He explained that the incidents that were
recorded on the DBS were historical. It was noted
that Mr B, when he was young, had mixed with the wrong crowd, that his
convictions were spent, and that he had been free from any offences for 37
years. b) 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. c) In reaching its decision, the
Sub-committee considered the following: ·
The
requirements of 'Gwynedd Council's Licensing Policy for Hackney Carriages and
Private Hire Vehicles' ·
the
applicant's application form ·
the
Licensing Department's report and the DBS statement ·
verbal
observations by the applicant ·
The Driver and Vehicle Licensing
Agency's guidelines ch) Specific
consideration was given to the following matters: In September 1972, the applicant was found guilty by Tywyn
Magistrates Court for criminal damage contrary to s1 Criminal Damages Act 1971. He received a fine of £100.00 and was ordered to pay damages of £13.00. In October 1972, the
applicant was found guilty by Tywyn Magistrates Court
for common assault contrary to s42, 47 Offences Against the Person Act 1861,
and possession of an offensive weapon contrary to s1 Prevention of Crime Act
1953. He received a conditional discharge and his weapon was confiscated. In October 1975, the applicant was found guilty by Tywyn Magistrates Court for a series of 12 charges. Two charges relating to making threatening telephone calls (contrary to s78 Post Office Act 1969): One charge of posting an article on Post Office property (contrary to s61 Post Office Act 1969): one charge of causing criminal damage (contrary to s1 of the Criminal Damage Act 1971): four charges of carrying an air gun in a public place (contrary to s19 Firearms Act 1968): One charge of using threatening / aggressive / insulting language (contrary to the s5 Public Order Act 1936): Three charges of firing a weapon within ... view the full minutes text for item 6. |