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

• 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. It was highlighted that the applicant had been a licensed driver with the Council at the time of an incident, which led to his being cautioned by North Wales Police in May 2017. In accordance with taxi licensing conditions, drivers were required to inform the Licensing Authority of any conviction or criminal incident leading to a Police Caution.

The applicant was invited to expand upon his application and to offer reasons for not notifying the Licensing Authority of the caution he had received from North Wales Police (May 2017) for disorderly behaviour. Mr A noted that the incident had taken place on his stag night and that his behaviour had been out of character. He regretted what he had done and explained that he had apologised to the shop owner the following morning for his behaviour.  He was not aware that accepting a caution was considered to be a conviction and that it would appear on his DBS record. 

The applicant's employer was invited to submit observations and confirmed that he was not aware of the caution when he offered the post to Mr A although the applicant had now provided him with a full explanation of the incident. The employer reiterated that the applicant was a good driver and there had been no complaints about his work of transporting people to and back and forth to hospital.

The applicant withdrew from the room whilst the Sub-committee members discussed the application.

RESOLVED that the applicant was not 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' Gwynedd

•    the applicant's application form

•   verbal observations, documents, photographs submitted by the applicant during the hearing 

•     verbal observations by the applicant's employer

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

Specific consideration was given to the following matters.

The applicant received a conviction for a series of offences (January 2010). The first  ...  view the full minutes text for item 5.

To consider an application by Mr 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

• 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 applicant was invited to expand on his application and offer an explanation on the offences. He noted that he had a keen interest in cars and driving cars and was in the process of opening a garage in the near future.  He reiterated that he had completed a number of driving courses and that a job as a taxi driver would be an opportunity to receive additional income to support his enterprise.  He noted that AS Cabs had offered him flexible hours as a driver should his application be successful, that he had completed a health check and was paying for the licence out of his own pocket. He confirmed that he had not consumed alcohol since 2005 and that he did not take drugs.

He withdrew from the room whilst Sub-committee members discussed the application.

RESOLVED that the applicant is a fit and proper person to be issued with a hackney vehicle/private hire driver's licence from Gwynedd Council.

In reaching its decision, the Sub-committee considered the following:

• The requirements of the 'Gwynedd Council's Licensing Policy for Hackney Carriages and Private Hire Vehicles' Gwynedd

• the applicant's application form

• verbal observations, documents, photographs submitted 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 received a conviction (March 2006) from Mold Crown Court for causing and injury to a person contrary to the provisions of the Offences Against the Person Act 1861. He received a 9 month custodial sentence which was suspended for two years, a 12 months protection order, 250 hours of unpaid work and an order to pay £600 in costs.  In May 2011, he received a conviction from Gwynedd Magistrates' Court for two drug related offences contrary to the Misuse of Drugs Act 1971 - one for producing cannabis and of being in possession of cannabis resin (December 2010). He was sentences to 12 months on a community order and an order to carry out 80 hours' unpaid work for possession and a 12 month community order, an order to carry out 80 hours' unpaid work and costs of £85.  The drugs were seized and destroyed.

Attention was drawn to the fact that the applicant volunteered the information in his application form that he has a conviction for  ...  view the full minutes text for item 6.