Venue: Cyfarfod Rhithiol / Virtual Meeting. View directions
Contact: Lowri Haf Evans 01286 679878
any apologies for absence.
DECLARATION OF PERSONAL INTEREST
any declaration of personal interest.
To note any
items that are a matter of urgency in the view of the Chairman for
EXCLUSION OF PRESS AND PUBLIC
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
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.
APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE
an application by Mr A
copy for sub-committee members only)
Chair welcomed everyone to the meeting. She 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
• The safeguarding of vulnerable persons
• The public have confidence in using licensed vehicles.
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, as well as the medical
certificate, the applicant's personal statement and references. The Licensing
Authority had recommended that the Sub-committee should refuse the application.
In response to the
presentation of the Licensing Manager, the applicant's representative asked the
Licensing Manager to confirm that the passenger in the 2019 case had not come
to any harm or made any formal complaint to the Police about the driver's behaviour.
In response, the Licensing Manager noted that the evidence had been challenged
at the Magistrate' Court and although there had been no conviction, the Judge
had determined that the evidence was credible.
representative suggested that the passenger's impressions were very different
to those of the driver in the 2019 incident. In response, the Licensing
Manager, although confirming that there had been no further action by the
Police, noted that a recording of the situation on the evening had been
submitted as evidence and that 'general behaviour' was a consideration,
although there had been no conviction.
In response, the
applicant's representative noted that a caution by the Police was not a
conviction but, in response, the Licensing Manager noted that evidence of a
caution was sufficiently strong in this case.
The applicant was invited to expand on his application and provide
information about the background of the caution on his licence and his personal
circumstances. A mixture of 37 references had been submitted by friends,
colleagues, neighbours and service users. He noted that he regretted the
incidents in 2018 and 2019 and that he acknowledged that he had behaved
appallingly. At the time, he was under strain although he accepted that this
was no excuse for his behaviour. He appreciated that drivers had to be reliable
and that the sub-committee played an important part in ensuring this.
He shared examples of the work and community responsibilities he had undertaken since the incidents, which included attending a course on ensuring public safety. He stated his wish to put the past behind him and focus on moving forward by prioritising his business and his family. He thanked his staff for their support in carrying on the business through ... view the full minutes text for item 5.