Agenda and minutes

To receive any apologies for absence.

None to note

To receive any declaration of personal interest.

No declarations of personal interest were received from any members present.

To note any items that are a matter of urgency in the view of the Chairman for consideration.

None to note

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.

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.

To consider an application by Mr A

(separate copy for sub-committee members only)

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 and provide information about the background of the offences.  It was highlighted that the applicant had received a hackney licence from Anglesey Council (15.8.17) through an interview process - a copy of the licence was circulated for information.  It was reiterated that the applicant had not offended since 2008.  He was now a reformed character, was a family man and was the father of four children.

In response to an observation, the Licensing Manager noted that the delegation of rights plan in the Isle of Anglesey Council was different to the arrangements in Gwynedd, as Gwynedd officers did not have the right to make a decision if offences were recorded on the DBS report.  It was highlighted that the Licensing Unit was unaware that the application for a hackney licence had been approved by the Isle of Anglesey Council.

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.

A series of convictions had been disclosed on the applicant's DBS which included offences of using an insurance document with the intention to defraud in March 2003 and failing to stop following an accident in September 2003 having driven without sufficient care and attention.  The Sub-committee was of the opinion that these convictions equated to serious traffic crimes and were in accordance with paragraph 12.2 of the Council's policy.  However, as these offences had occurred over 5 years ago, and having considered paragraph 12.4 of the policy, the Sub-committee was satisfied that these offences were not a reason for refusing the application.

Attention was drawn to the DBS record to his conviction of drinking and driving in 2004. Similarly, the offence was historical and in accordance with paragraph 11.1 of the policy, it was not a reason for refusing the application.  Similarly, when discussing the offence of battery that occurred in 2007, the offence was historical and having considered paragraph 6.5 of the policy, it was not a reason for refusing the application. 

The latest conviction was for an act of disruption (July 2008) appeared to the applicant's representative as one that had been listed under paragraph 6.4 of the policy and that 10 years needed  ...  view the full minutes text for item 5.

To consider an application by Mr B

(separate copy for sub-committee members only)

The Licensing Manager submitted the written report on the application received from Mr B for a new 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 and to provide information about the background to the criminal offences. He noted that some of the offences were historical, but one of being in possession and growing a drug was as a result of a Police visit to his property in relation to an unconnected investigation. The applicant's representative asked a series of questions to the applicant about the offences and his background.  The applicant stated that he was anxious to get work to support his family and added that he was an open and honest person of good character.

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 convictions

Specific consideration was given to the following matters.

A lengthy series of convictions had been disclosed on the applicant's DBS record.  It was noted that there were a number of historical convictions for dishonesty offences, however, having considered paragraph 8.2 of the Council's policy, and that these convictions had taken place over 3 years ago, the Sub-committee was satisfied that these were not grounds to  refuse the application.

It was considered that the applicant had been judged guilty for criminal offences that were associated with violence in the Magistrates' Court in 1997, 1998 and 2003.  Having considered paragraph 6.6 of the Council's policy, and that more than 10 years had elapsed since the last conviction in 2003, the Sub-committee was satisfied that these were not grounds to refuse the application.

Attention was also drawn to other historical convictions from 1995, 1996 and 1998 for motoring offences where the applicant was banned on two occasions.  Having considered paragraph 12.4 and 12.11 of the policy, and bearing in mind that the convictions and suspensions had occurred 19 years ago, the sub-committee was satisfied that these convictions were not grounds for refusal.

The Sub-committee gave full consideration to the latest conviction (4.7.17) for the possession of a class B amphetamine and class B cannabis production, that were contrary to the Drug Abuse Act 1971. The sub-committee gave consideration to paragraphs 9.1 and 9.2 of the Council's policy, in cases of multiple offences, concerning the growing or the possession of drugs.  It was added that the policy noted that an application should be refused unless the  ...  view the full minutes text for item 6.