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Contact: Lowri Haf Evans 01286 679 878 Email: lowrihafevans@gwynedd.gov.uk
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
because of 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 because the individuals in question were entitled to privacy
and there was no overriding interest that required the disclosure of personal
information relating to those individuals, nor their identities. Consequently,
the public interest in maintaining the exemption outweighs 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) Minutes: The Chairman, Councillor W. Tudor Owen,
welcomed everyone to the meeting. The panel and the officers were introduced to
everyone present. In
response to a request from the applicant, the hearing was held in English a)
The Licensing Manager
presented the written report on the application received from Mr A. for a new
hackney/private hire driver’s licence. b)
It was reiterated that a
statement of convictions had been submitted. No convictions that were relevant
to the licensing field had been included in the applicant's statement, but
attention was drawn to additional information submitted by the Police that was
relevant to the application. 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 Licensing Manager's
recommendation was to refuse the application due to matters disclosed by the
Police, and in accordance with the Council's taxi policy 'Suitability Criteria
for Drivers and Operators'. ch) The applicant was invited to expand on his application. The
applicant referred to a letter he wrote to the Betsy Cadwaladr Health Board
explaining his situation. d)
The
applicant withdrew from the room while the Sub-committee members discussed the
application. dd) In reaching their decision, the Sub-committee had
considered the following factors ·
the applicant's application
form ·
the Licensing Department's
report along with the DBS statement ·
Gwynedd Council letter
dated 17 December 2012 ·
letter dated 4 November,
2015 submitted to the Betsi Cadwaladr University
Health Board ·
the requirements of
'Gwynedd Council's Licensing Policy for Hackney Carriages and Private Hire -
specifically paragraphs 7.1, 7.2 and 7.5 in relation to sexual offences and
indecency. ·
oral observations e) The Sub-committee accepted the information recorded in
the DBS statement as a correct description of the events. The Sub-committee was
reminded, in accordance with section 59 of the Local Government (Miscellaneous
Provisions) Act 1976, that a licensed could not be issued unless they were
satisfied that the applicant was a fit and proper person to hold a licence. The Sub-committee was advised of the meaning of
a "fit and proper person' and reference was made to the ruling of McCool
v Rushcliffe Municipal Council [1988] 3 All ER 889, where the High Court
confirmed its meaning: "...those licensed to drive...are suitable persons
to do so, namely that they are safe drivers with good driving records and
adequate experience; sober, mentally and physically fit, honest and not persons
who would take advantage of their employment to abuse or assault passengers." f) While considering the incidents which were sexual, indecent and violent in nature, the Sub-committee was not persuaded that the applicant was a suitable person and that he would not take advantage of his employment. There was concern that the applicant had submitted a complaint to Betsi Cadwaladr University Health Board for sharing personal, confidential details with the Police. The Sub-committee's opinion, in the interests of the protection of public safety, was that this information had been shared correctly, and as result, the applicant's unwillingness to ... view the full minutes text for item 5. |