Agenda and minutes

To receive any apologies for absence.

None to note

To receive any declaration of personal interest.

No declarations of personal interest were received from any members present.

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 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.

To consider an application by Mr A

(separate copy for sub-committee members only)

The Chairman welcomed everyone to the meeting. He highlighted that the decision would be made in accordance with Gwynedd Council'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 and the aim was to protect the public by ensuring that:

• A person is a fit and proper person

• The person does not pose a threat to the public

• That the public are safeguarded from dishonest persons

• Children and young people are protected

• Vulnerable persons are protected

• The public have confidence in their use of licensed vehicles.

The Licensing Manager presented a written report on the application received from Mr A. for a hackney/private hire driver’s licence. The Sub-committee was requested to consider the application in accordance with the DBS record, and the guidelines on relevant criminal offences and convictions.

The applicant was invited to expand on the application and provide information about the background of the offences. He highlighted that he was very fond of driving and had been driving lorries for 35 years. He noted that he had been offered a taxi driver job with a local company. He had not considered bringing a representative with him to the hearing. 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 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 Vehicles' 

• the applicant's application form

• verbal observations presented by the applicant during the hearing

• the Licensing Department's report along with the DBS statement disclosing the

  convictions   

Specific consideration was given to the following matters.

The conviction (received from Porthmadog Magistrates' Court - July 1982) was for using threatening, abusive or offensive language or behaviour contrary to section 5 of the Public Order Act 1936, in addition to an ABH assault contrary to section 47 of the Offences Against the Person Act 1861. The applicant received a £100 fine and an order to pay costs of £3 for the public order offence, and he received a fine of £100 for the ABH offence. Attention was drawn to the fact that he had no convictions for crimes of a violent nature.

Paragraph 6.5 of the Council's Policy was considered, where it was noted that the application would usually be refused when the applicant had one conviction for ABH that was less than three years old. As the conviction had taken place over 35 years ago, the Sub-committee was satisfied that the conviction was not a reason for refusing the application.

The conviction (received from Mold Magistrates' Court - March 2017) was for a series of environmental offences (two charges of keeping controlled waste in a manner likely to cause pollution of the environment or harm to human health  ...  view the full minutes text for item 5.

To consider an application by Ms B

(separate copy for sub-committee members only)

The Chairman welcomed everyone to the meeting. He highlighted that the decision would be made in accordance with Gwynedd Council'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 and the aim was to protect the public by ensuring that:

·         A 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 their use of licensed vehicles.

The Licensing Manager submitted the written report on the application received from Ms B for a new hackney/private hire driver’s licence. The Sub-committee was requested to consider the application in accordance with the DBS record, and the guidelines on relevant criminal offences and convictions.

The applicant was invited to expand on the application and provide information about the background of the offences. She highlighted that the crimes had taken place during her teenage years and that she was now a mother to three children and was trying to do the best for them. She reiterated that she had written letters of apology to everyone who had been affected by her behaviour in January 2004. She noted that she had been offered a part-time job driving a taxi to transport children, the elderly and the disabled. Her wish was to assist and offer a service for the public. 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 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.

The applicant had received a conviction from Caernarfon Magistrates' Court - February 2004 for a series of offences that took place on January 2004, of taking a motor vehicle without permission and two charges of theft. As a result, the applicant received an 11 month referral order and an order to pay costs of £25.00. The applicant had no other convictions.

Paragraph 8.2 of the Policy was considered, where it was noted that the application would usually be refused when the conviction of theft was less than three years old. As the conviction had taken place over 13 years ago, the Sub-committee was satisfied that the conviction was not a reason for refusing the application. The Sub-committee also considered section 12 and 13 of the Policy in relation to the offence of taking without consent. The Sub-committee found that the conviction was tantamount to a minor driving offence, and it should not be reason for refusing the application.

The  ...  view the full minutes text for item 6.