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Contact: Lowri Haf Evans 01286 679878 Email: lowrihafevans@gwynedd.llyw.cymru
No. | Item |
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APOLOGIES To receive
any apologies for absence. Minutes: Apologies were received
from Councillor Louise Hughes |
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DECLARATION OF PERSONAL INTEREST To receive
any declaration of personal interest. Minutes: No declarations of personal interest were received from any members
present. |
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URGENT ITEMS To note any
items that are a matter of urgency in the view of the Chairman for
consideration. Minutes: None to note |
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EXCLUSION OF PRESS AND PUBLIC 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. Minutes: 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 12 A, 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, nor their identities. Consequently, the public
interest in maintaining the exemption outweighed the public interest in
disclosing the information. |
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider
an application by Mr A (separate
copy for sub-committee members only) Minutes: The Sub-committee expressed disappointment that the
applicant was not present at the hearing. It was highlighted that the Licensing Officer had
received an e-mail from the applicant confirming his intention to attend the
hearing. The Licensing Manager was asked to contact the applicant through his
mobile phone, but the applicant did not answer. It was decided to continue with the hearing in the
applicant's absence. The Licensing Manager presented the written report on
the application received from Mr A. for a new hackney/private hire driver’s
licence. The Sub-committee was asked to consider the application in accordance
with the DBS record, and in accordance with the guidelines on relevant criminal
offences and convictions. RESOLVED that the
applicant was not a fit and proper person to be granted a hackney/private hire
driver’s licence and Mr A's application for a hackney/private hire driver's
licence was refused. In reaching their
decision, the Sub-committee considered the following: ·
the requirements of the 'Gwynedd Council's Licensing Policy for Hackney
Carriages and Private Hire Vehicles' ·
the applicant's application form along with a driving course completion
certificate and two fixed penalty notices submitted by North Wales Police
6.1.17 ·
the Licensing Department's report along with the DBS statement that
revealed the convictions Specific consideration was given to the following
matters. Following a verdict from the Magistrates' Court for
one theft offence in 2001, it was highlighted that, in accordance with
paragraph 8.2 of the Council's Policy, a period of at least three years should
have passed from the time the ban ended. As the conviction dated back 15 years,
the Sub-committee did not consider this conviction to be a reason for refusing
the application. Following a 12 month ban for drink-driving in April
2009 (which was reduced to nine months following the completion of a course),
it was accepted, in accordance with clause 12.10 of the Council's Policy, that an application would be objected if
there was a recent conviction against the applicant that led to a ban of 12
months or more, unless a period of at least 18 months had passed since the end
of the ban. As the conviction dated back to 2010, the Sub-committee did not
consider the conviction to be a reason for refusing the application. Following a notice from West Midlands Police relating to an allegation that the applicant had attacked / abused or neglected a child, causing unnecessary suffering or injury in February 2013, it was noted that the DBS statement details were vague. As the applicant was not present to elaborate on the background to the allegation, the Sub-committee considered this to be 'assault on a child'. According to clause 7.2 of the Council's Policy, unless there were exceptional circumstances, an application would usually be refused if there were offences regarding children or vulnerable adults. It was noted that there was no conditional deadline included in clause 7.2 and, as the applicant was not present to elaborate on the background to the conviction, it was felt that it was not possible ... view the full minutes text for item 5. |