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Contact: Lowri Haf Evans 01286 679 878 Email: lowrihafevans@gwynedd.llyw,cymru
No. | Item |
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APOLOGIES To receive
any apologies for absence. Minutes: None to
note |
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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 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. The applicant was invited to expand on the
application. Information was given on the background of the criminal offences and
it was highlighted that the reason for his mistake was a misunderstanding. It
was noted that advice and appropriate and correct information at the beginning
of his career as a taxi driver would have been advantageous. It was confirmed
that he had a current driving licence for private hire and hackney carriages in
Arfon. The applicant withdrew from the room while the
Sub-committee members discussed the application. RESOLVED that the applicant was a fit and proper
person to be issued with a hackney vehicle/private hire driver's licence and Mr
A's application for a hackney vehicle/private hire licence was granted. 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 ·
the Licensing Department's report along with the DBS statement that
revealed the convictions Specific consideration was given to the following
matters. Following a statement on the application form for a
driving offence over the statutory time limit (three penalty points in August
2015), it was highlighted, in accordance with clause 13.1 of the Council's
Policy, that a minor driving offence meant an offence between one and three
penalty points. It was highlighted that clause 13.2 noted that one conviction
for a minor driving conviction would not lead to an application refusal and therefore
the Sub-committee did not consider this minor offence as being a reason for
refusing the application. Following a decision from Anglesey Magistrates' Court
(November 2016) on an accusation of acting contrary to regulation 9 of the User
Protection Act from 2008 Unfair Trading along with a conviction of soliciting
hire without a vehicle licence which was contrary to Section 45 of Town Police
Clauses Act 1847, the applicant confirmed that both cases arose from an
incident in Menai Bridge (March 2016) where he had been caught by Anglesey
Council in a test purchase practice. It was highlighted that, in accordance with clause
17.0 of Gwynedd Council's Policy, it would be unlikely to issue a licence to an
applicant with a conviction related to
breaching an act or a by-law unless a period of 12 months had passed since the
most recent case. Although only four months had passed since the date of
the restriction, the first step would be to refuse the application, but the
Sub-committee had the right to deviate from the guidelines in exceptional
circumstances. As the applicant had confirmed that he had a Private Hire and Hackney Carriages one year licence for Arfon only (between 28.8.15 and 27.8.16), this did not allow him to work in Anglesey. The applicant highlighted ... view the full minutes text for item 5. |