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Contact: Lowri Haf Evans 01286 679 878
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 submitted the written report on the application
received from Mr A. for a 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 his application and provide information about the
background of the offence. He highlighted that the incident was a one-off, was
out of character and that he had learned from his mistake. The applicant's
prospective employer noted that the applicant had been driving taxis for him in
the past and he had not received any complaints about his service. The
applicant said that he would like the opportunity to work for the family
company. The applicant and his representative withdrew from the room while the
Sub-committee members discussed the application. RESOLVED that the applicant is a fit and proper person
to be issued with a hackney/private hire driver's licence from Gwynedd Council. In reaching its decision, the
Sub-committee considered the following: ·
the requirements of
'Gwynedd Council's Licensing Policy for Hackney Carriages and Private
Hire' ·
the applicant's application
form ·
verbal observations
presented by the applicant and his prospective employer during the hearing ·
the Licensing Department's
report along with the DBS statement that disclosed the convictions Specific consideration was given to the following matters. Following a fortnight's driving ban in 2013 for
contravening a 'No Access' sign, it was noted that in accordance with paragraph
12.8 of the Council's policy, a six month period was required to elapse after a
disqualification of less than 56 days before a licence could be issued. As the
disqualification had ended more than 6 months ago, the Sub-committee did not
consider this to be a reason to refuse the application. Following a conviction by Gwynedd
Magistrates' Court (January 2017) under section 4(1) (A) Public Order Act 1986
a single incident of using towards another person threatening, abusive or insulting words or behaviour to provoke
violence, he received a sentence of an order to pay compensation and costs. In
accordance with paragraph 6.5 of the Council's policy, the licence could not be
issued unless 3 years had elapsed since receiving a conviction. It was
considered that although this conviction was recent and the policy did apply,
the Sub-committee was satisfied with the explanation provided and the
circumstances and the evidence received in relation to the applicant's good
character. The Sub-committee was satisfied that the above
reasons justified that the applicant was a fit and proper person to receive a
hackney carriage and private hire licence with Gwynedd Council, albeit the
three year term had not yet elapsed. The Solicitor reported that the decision would be confirmed formally by letter sent to the applicant and the Licensing Unit would confirm the licence's arrangement |
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider
an application by Mr B (separate
copy for sub-committee members only) Minutes: The Licensing Manager submitted the written report on the application
received from Mr B 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 his application and provide information about the
background of the offences. He noted that he apologised for his behaviour in
the past when he was young and that he realised that he had behaved
foolishly. He was now the father of four
children and was eager to see them follow the right path. He explained that the theft offence related
to working with people betting on gambling machines. He had developed a
gambling habit and had stolen money in order to gamble. He confirmed that he
had tried to seek support for his gambling problem and had apologised to his
former employer and returned the money. The applicant and his representative 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/private hire driver's licence from Gwynedd
Council. In reaching its decision, the
Sub-committee considered the following: ·
the requirements of
'Gwynedd Council's Licensing Policy for Hackney Carriages and Private
Hire' ·
the applicant's application
form ·
verbal observations
presented by the applicant and his prospective employer during the hearing ·
a positive reference that
was strongly in favour of the applicant was submitted to the hearing ·
the Licensing Department's
report along with the DBS statement that disclosed the convictions Specific consideration was given to the following matters. A lengthy series
of convictions had been disclosed on the applicant's DBS between 2001 and 2009
which included offences with elements of violence, of being drunk and
disorderly and in 2002 for driving without insurance during a driving ban. The most recent conviction was for theft
(January 2009) in connection with an offence that had been committed in
November 2008. In accordance with paragraph 16.1 of the Council's policy on
re-offending, it must first be ensured that the convictions met with the policy
guidelines individually, but together they created a history of re-offending
which demonstrated a lack of respect towards the welfare of others and their
property. The policy stated that 10 years must elapse since the most recent
conviction. The most recent conviction was eight and a half years ago and the
Sub-committee felt that the offences were pertinent to their decision. The Sub-committee appreciated that the applicant had been open and honest about his criminal record and the problems he had experienced in the past. It also acknowledged the genuine attempt made to improve his behaviour and lifestyle, and there was no evidence of any problems in the last eight and a half years. The Sub-committee was satisfied that the applicant could be issued with a licence, but as the history of offences was a serious matter it was resolved to approve the licence ... view the full minutes text for item 6. |