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 Officer presented the 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.  It was explained that the applicant had made an application for a licence in July 2015, when the application was checked and determined on the basis of an officer's assessment.  The Licensing Unit's records indicate that the application was not referred to a hearing of this Sub-committee in accordance with delegated rights and relevant clauses of the Council's Constitution. It was added that the applicant had not renewed his licence in 2016 until a new application was submitted in 8.11.18. 

The applicant's representative was invited to expand on the application and provide information about the background of the offences and the applicant's personal circumstances.  It was noted that Mr A had been judged to be a fit and proper person by an officer in 2015, and that nothing had changed since then.   It was noted that he was self-employed as a floor installer, however, the work had now quietened down.  It was added that that there was a driving offence on the applicant's licence until 2020.

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 convictions.  

Specific consideration was given to the following matters.

The applicant received a conviction for an offence of Violent Disorder by Caernarfon Crown Court (July 1990) contrary to the Public Order Act 1986, where he was ordered to undertake 210 hours of community work and pay costs of £320.00.   In September 1991, he received convictions for a series of offences by Bangor Magistrates Court contrary to the Policing Act 1964.  The offences included obstructing the Police and two  ...  view the full minutes text for item 5.