Agenda, decisions and minutes

To receive any apologies for absence.

None to note

To receive any declaration of personal interest.

None to note

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.

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.

To consider an application by Mrs A

(separate copy for sub-committee members only)

That the applicant is a fit and proper person to be issued with a hackney vehicle/private hire driver's licence from Gwynedd Council.

The Chair welcomed everyone to the meeting. She explained that the decision would be made in accordance with Cyngor Gwynedd'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 can be confident in using licensed vehicles.

The Licensing Officer presented a written report on the application received from Mrs A for a hackney/private hire vehicle driver's licence. The Sub-committee was asked to consider the application in accordance with the DBS record, the guidelines on relevant criminal offences and convictions, and the report of the DVLA.

The Licensing Authority recommended that the Sub-committee should approve the application. The applicant's driving licence was a clean licence. 

The applicant was invited to expand on the application and provide information about the background of the offences and her personal circumstances. She noted that she had been going through a difficult time and it was one domestic incident that had led to the convictions in March and May 2014. At the time, she had also been suffering with medical problems and following the incident, she received support and treatment to recover. She made reference to her work as a licensed passenger supervisor who was responsible for assisting taxi drivers who carried vulnerable passengers/children on Cyngor Gwynedd Education Department school contracts.

RESOLVED that the applicant is a fit and proper person to be issued with a hackney/private hire vehicle driver's licence from Cyngor Gwynedd.

In reaching its decision, the Sub-committee considered the following:

·      The requirements of 'Cyngor Gwynedd's Licensing Policy for Hackney Carriages and Private Hire Vehicles'

·      The applicant's application form

·      The Licensing Department's report, together with the DBS statement and the DVLA's report

·      The applicant's verbal representations

Specific consideration was given to the following matters:

Background

In March 2014 the applicant was found guilty of driving a car with excess alcohol contrary to the Road Traffic Act 1988 S.5 (1) (A). She was fined £110, ordered to pay costs of £85 and disqualified from driving for 17 months. The offence was committed on 27-02-2014

In May 2014, the applicant was found guilty of common assault, contrary to the Criminal Justice Act 1988 S.39. She was given a fine of £55, costs of £200 and a Prevention Order - Safety from harassment on conviction until a further order. The offence was committed on 27-02-2014

RELEVANT CLAUSES OF THE POLICY

Paragraph 2.2 of the Council's Policy was considered, which states that a person with a conviction for a serious offence need not be automatically barred from obtaining a licence, but he will be expected to have been free of any conviction for an appropriate period as stated in the  ...  view the full minutes text for item 5.