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 Chairman welcomed everyone to the meeting. He highlighted 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 and the aim was to protect the public by ensuring that:

• A person is a fit and proper person

• The person does not pose a threat to the public

• That the public are safeguarded from dishonest persons

• The safeguarding of children and young people

• The safeguarding of vulnerable persons

• The public have confidence in their use of licensed vehicles.

The Licensing Manager presented a written report on the application received from Mr A. for a hackney/private hire driver’s licence. The Sub-committee was requested to consider the application in accordance with the DBS record, and the guidelines on relevant criminal offences and convictions.

The applicant's representative (and prospective employer) was invited to expand on the application and provide information about the background of the applicant's offences.  He highlighted that they were historical offences and the applicant accepted that he had made errors in the past, however, his focus was now on raising and supporting his family.   Although he had a full time job, it was noted that he required a flexible job in order to be able to spend time supporting his son who attended football training sessions in Manchester.

In reply to a question asking if the employer was willing to employ a person with offences relating to dishonesty, he stated that he was willing to give him an opportunity. 

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 Vehicles' 

• 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 disclosing the convictions       

Specific consideration was given to the following matters.

The applicant had received a conviction from Bangor Youth Court (March 1995) for robbery and common assault.  As a result, he received a community service order.  The applicant had received a conviction from Bangor Youth Court (March 1996) for common assault and affray.  As a result, he received a community service order, an order to pay damages of £50.00 and costs of £150.00. He received a conviction from Bangor Magistrates' Court (September 1999) for being drunk and disorderly.  He was given a fine of £35.00 and an order to pay costs of £65.00. He received a conviction from Conwy Magistrates Court (May 1996) for using abusive language and threatening behaviour with the intent to cause fear or induce violence, and common assault.  For these offences he received a  ...  view the full minutes text for item 5.

To consider an application by Mr B

(separate copy for sub-committee members only)

The Chairman welcomed everyone to the meeting. He highlighted 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 and the aim was to protect the public by ensuring that:

·         A person is a fit and proper person         

·         The person does not pose a threat to the public

·         The public are safeguarded from dishonest persons

·         The safeguarding of children and young people

·         The safeguarding of vulnerable persons

·         The public have confidence in their use of licensed vehicles.

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 requested to consider the application in accordance with the DBS record, and the guidelines on relevant criminal offences and convictions.

The applicant was invited to expand on the application and provide information about the background of the offences.  He highlighted that they were historical offences that had occurred when he was a teenager.  He admitted that he had done foolish things.  By now he did voluntary work in the community and his neighbour highlighted that the offences were not a reflection of his character now.

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 neighbour during the hearing

·         the Licensing Department's report along with the DBS statement that disclosed convictions

Specific consideration was given to the following matters.

The applicant received a conviction from Leek Magistrates' Court (May 1988) for a charge of stealing a vehicle and three minor traffic offences. As a result he received a fine of £260.00 and an order to pay costs of £30.00, and was banned from driving for 6 months. The applicant received a conviction from Leek Magistrates' Court (November 1988) for a charge of taking a vehicle without authority, whilst he was banned from driving, driving without insurance and driving a vehicle under the influence of alcohol. The applicant received a conviction from Leek Magistrates' Court (March 1989) for two offences of criminal damage.   He received a probation order for 2 years and an order to pay damages of £111.00.  The applicant received a conviction from East Dorset Magistrates' Court for driving a vehicle under the influence of alcohol. He received a fine of £200.00, an order to pay costs of £55.00, and was banned from driving for 3 years. He received a conviction from East Dorset Magistrates' Court (February 2002) for being drunk and disorderly.  He was given a conditional discharge of 6 months and an order to  ...  view the full minutes text for item 6.