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.

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 Miss A

(separate copy for sub-committee members only)

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 Compliance Officer presented a written report on an application by Ms A to renew a hackney/private hire vehicle driving licence. The Sub-Committee was asked to consider the application according to what relates to an individual's suitability to be a private hackney/hire vehicle driver.

In accordance with the Suitability Criteria for Drivers and Operators, the Licensing Authority recommended that the Sub-Committee refuse the application.

In response to a question on whether the applicant had disclosed details of the offences to the Licensing Unit, the Licensing Compliance Officer stated that the information had not been disclosed to them, and the details had not been included on the application form.

The applicant was invited to elaborate on the application giving information about the background of the three occasions on which she had received the penalty points, and her personal circumstances. After receiving the penalty points, she revealed that she had made an appointment with the optician where she was found to have an eye impairment. As a result, she was advised to wear appropriate glasses for driving in the dark. She reiterated that she had not received penalty points since July 2024. She stated that she had not disclosed the penalty points on her application because her Employer had completed the form on her behalf. She accepted the seriousness of the situation, that if she lost her licence, she would lose her job.

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'

·      Individual Suitability Guidelines

·      The Report of the Licensing Department

·      The applicant's application form

·      The applicant's DBS – no record of convictions

·      The report of the Driver and Vehicle Licensing Agency

·      Verbal observations by the applicant

Specific consideration was given to the following matters:

Background

In December 2023 the applicant received 3 penalty points (SP30) for exceeding the statutory speed limit on a public road

In July 2024 the applicant received 3 penalty points (SP30) for exceeding the statutory speed limit on a public road

In July 2024 the applicant received a further 5 penalty points (SP30) for exceeding the statutory speed limit on a public road and a £200 fine at North East Wales Magistrates' Court  ...  view the full minutes text for item 5.