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Contact: Lowri Haf Evans
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 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's
representative was invited to expand on the application and provide information
about the background of the offences. It
was highlighted that the applicant had received a hackney licence from Anglesey
Council (15.8.17) through an interview process - a copy of the licence was
circulated for information. It was
reiterated that the applicant had not offended since 2008. He was now a reformed character, was a family
man and was the father of four children. In response to an
observation, the Licensing Manager noted that the delegation of rights plan in
the Isle of Anglesey Council was different to the arrangements in Gwynedd, as
Gwynedd officers did not have the right to make a decision if offences were
recorded on the DBS report. It was
highlighted that the Licensing Unit was unaware that the application for a
hackney licence had been approved by the Isle of Anglesey Council. 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 vehicle/private hire driver's licence from Gwynedd Council. 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' ·
the applicant's application
form ·
verbal observations
presented by the applicant and his representative 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. A series of convictions had been disclosed on the applicant's DBS which
included offences of using an insurance document with the intention to defraud
in March 2003 and failing to stop following an accident in September 2003
having driven without sufficient care and attention. The Sub-committee was of the opinion that
these convictions equated to serious traffic crimes and were in accordance with
paragraph 12.2 of the Council's policy.
However, as these offences had occurred over 5 years ago, and having
considered paragraph 12.4 of the policy, the Sub-committee was satisfied that
these offences were not a reason for refusing the application. Attention was drawn to the DBS record to his conviction of drinking and
driving in 2004. Similarly, the offence was historical and in accordance with
paragraph 11.1 of the policy, it was not a reason for refusing the
application. Similarly, when discussing
the offence of battery that occurred in 2007, the offence was historical and
having considered paragraph 6.5 of the policy, it was not a reason for refusing
the application. The latest conviction was for an act of disruption (July 2008) appeared to the applicant's representative as one that had been listed under paragraph 6.4 of the policy and that 10 years needed ... view the full minutes text for item 5. |
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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's
representative was invited to expand on the application and to provide
information about the background to the criminal offences. He noted that some
of the offences were historical, but one of being in possession and growing a
drug was as a result of a Police visit to his property in relation to an
unconnected investigation. The applicant's representative asked a series of
questions to the applicant about the offences and his background. The applicant stated that he was anxious to
get work to support his family and added that he was an open and honest person
of good character. 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 vehicle/private hire driver's licence from
Gwynedd Council. 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' ·
the applicant's application form ·
verbal observations presented by
the applicant and his representative during the hearing ·
the Licensing Department's report
along with the DBS statement that disclosed convictions Specific consideration was given to the following matters. A lengthy
series of convictions had been disclosed on the applicant's DBS record. It was noted that there were a number of
historical convictions for dishonesty offences, however, having considered
paragraph 8.2 of the Council's policy, and that these convictions had taken
place over 3 years ago, the Sub-committee was satisfied that these were not
grounds to refuse the application. It
was considered that the applicant had been judged guilty for criminal offences
that were associated with violence in the Magistrates' Court in 1997, 1998 and
2003. Having considered paragraph 6.6 of
the Council's policy, and that more than 10 years had elapsed since the last
conviction in 2003, the Sub-committee was satisfied that these were not grounds
to refuse the application. Attention was
also drawn to other historical convictions from 1995, 1996 and 1998 for
motoring offences where the applicant was banned on two occasions. Having considered paragraph 12.4 and 12.11 of
the policy, and bearing in mind that the convictions and suspensions had
occurred 19 years ago, the sub-committee was satisfied that these convictions
were not grounds for refusal. The Sub-committee gave full consideration to the latest conviction (4.7.17) for the possession of a class B amphetamine and class B cannabis production, that were contrary to the Drug Abuse Act 1971. The sub-committee gave consideration to paragraphs 9.1 and 9.2 of the Council's policy, in cases of multiple offences, concerning the growing or the possession of drugs. It was added that the policy noted that an application should be refused unless the ... view the full minutes text for item 6. |