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 Mr A

(separate copy for sub-committee members only)

DECISION

That the applicant was not 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. He highlighted 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

• Vulnerable persons are protected

• The public have confidence in using licensed vehicles

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 requested to consider the application in accordance with the relevant convictions.

The Licensing Authority had recommended that the Sub-committee should refuse the application. It was noted that only seven weeks had passed since the serious road traffic offence ban came to an end, and it was therefore difficult to evidence whether the applicant had learnt his lesson or not.⁠ It was reiterated that the applicant had not informed the licensing unit about the crime at the time and the Licensing Authority had also received recent evidence that the applicant had tried to use his vehicle without a valid taxi licence.

The applicant was invited to expand on the application and provide information about the background of the conviction and his personal circumstances. He highlighted that he had a clean driving licence for 20 years and that this was his first accident. He reiterated that his family depended on the income of his taxi company and that the situation was vulnerable for his family. He noted that he was a safe driver and was responsible for driving children to school. He pleaded for a second chance.

In response to a question as to why he had not informed the licensing authority about the accident, he noted that he had tried to contact the unit, but had not received an answer.

In response to a question regarding the seriousness of the accident, the Licensing Manager noted that the accident had been before the Court and the applicant had received a sentence and punishment. She reiterated that the purpose of the hearing was to decide whether the applicant was fit and proper to receive a hackney/private hire driver's licence.

RESOLVED that the applicant was not a fit and proper person to be issued with a 12-month hackney vehicle/private hire 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 report of the Licensing Department

·      DBS Statement

·      The report of the Driver and Vehicle Licensing Agency

·      Traffic Police Officer Witness Statement

·      Driver Licence Revocation Details

·      Verbal observations by the applicant's representative

Specific consideration was given to the following matters

Background

In August 2023, the applicant was found guilty of causing  ...  view the full minutes text for item 5.