Agenda and minutes

To receive any apologies for absence.

Apologies were received from Gwenan Roberts (Licensing Manager)

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

• The safeguarding of children and young people

• The safeguarding of vulnerable persons

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

The Licensing Officer presented the 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's prospective employer was invited to expand on the application and provide information about the background of the offences.  He noted that the applicant had been working with scaffolding for over twenty years, however, now he needed less laborious work.  He highlighted that the applicant had never had a day off work due to illness, he was an honest man and it would be advantageous to his company if the licence was approved because of his willingness to work unsociable hours. He added that the applicant had received a medical examination and an eye test.  He asked the panel to consider the application favourably despite the historical convictions. 

In response to a question regarding implementing random drug tests on the drivers of his company (following a recent incident), he stated that he did not have a device to conduct the tests and therefore he tried to employ drivers wisely and trusted that his drivers were honest.

The applicant and his prospective employer 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 convictions

Specific consideration was given to the following matters.

The applicant had received a conviction from Caernarfon Youth Court (July 1975) on four charges of burglary, contrary to the Theft Act 1968. He received a supervision order for two years and an order to pay damages. The applicant received a conviction from Caernarfon Magistrates' Court (December 1984) for a charge of burglary, again contrary to the Theft Act 1968, and he received a community service sentence and an order to pay  ...  view the full minutes text for item 5.