Agenda, decisions and draft 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. 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

• 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 'other issues' relating to an individual's suitability to be a driver of a hackney/private hire vehicle.

 

The Licensing Authority recommended that the Sub-committee should refuse the application because the applicant's conduct in a recent collision did not meet the standard expected of a taxi driver.

 

The applicant's representative was invited to expand on the application and provide information about the background of the collision and the applicant's personal circumstances.  He noted that the applicant had been a reliable taxi driver since 2010 and that no complaint had been received about his driving. It was explained that although the applicant left the scene of the accident, he had done so for understandable reasons and had contacted his employer to deal with the incident.

 

In response to a question as to why the police had not brought proceedings against the applicant, it was noted that while the police had responded to the incident, it was confirmed by letter that there would be no further action.

 

It was RESOLVED that the applicant was not a fit and proper person to be issued with a hackney carriage/private hire driver's licence from Cyngor Gwynedd.

 

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

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

·     The report of the Licensing Department

·     The applicant's application form

·     DBS Statement

·     The report of the Driver and Vehicle Licensing Agency

·     Driver Licence Revocation

·     Closed Circuit Television (CCTV) evidence

·     Verbal representations made by the applicant's representative

 

Specific consideration was given to the following matters

 

Background

 

In August 2024, a notice was issued to the applicant under section 61 of the Local Government (Miscellaneous Provisions) Act 1976 that immediately revoked the applicant's taxi driving licence – on the basis of CCTV evidence of a collision.

 

The applicant had driving offences spanning more than 10 years, with one minor traffic offence resulting in 3 points for speeding which remained on his licence.

 

RELEVANT CLAUSES OF THE POLICY

 

Paragraph 1.5 of the Council's Policy was considered where it stated that if applicants did not disclose any convictions; notices; penalty notices, orders or previous reprimands on their application form, including any pending court proceedings or other matters,  ...  view the full minutes text for item 5.