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 applicant's representative was invited to expand on the application and provide information about the background of the offence and the applicant's personal circumstances.  It was noted that Mr A had received a conviction for a series of offences relating to being in possession of an offensive weapon.  He highlighted that the offences were historical and there was no element of violence associated with the incident.  It was added that the applicant had now settled in Anglesey and was seeking employment to support himself and his partner.  It was noted that he had a clean driving licence. 

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 Vehicles' 

·         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 disclosing convictions.  

Specific consideration was given to the following matters.

The applicant had received a conviction for a series of offences from Arbroath Sheriff Court (March 2004).  The first offence related to being in possession of an offensive weapon contrary to Section 47 of the Criminal Law Act (Scotland) 1995, and he received a fine of £200.00. The second offence was due to failure, or without reasonable excuse, to appear at court contrary to the Criminal Procedure Act (Scotland) 1995, and he received a fine of £50.00. The third offence was for breaching the peace and he received a fine of £100.00.
 
Paragraph 2.2 of the Council's Policy was considered, this states that a person with a conviction for a serious offence need not be automatically barred from obtaining a licence, but would normally be expected to remain free of conviction for an appropriate period as stated in the Policy, and to show evidence that he/she is a fit and proper person to hold a licence.  The applicant has a responsibility to show that he/she is a fit and proper person.

Paragraph 4.5 of the Council policy was considered which stated that the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2002 allowed the Sub-committee to take  ...  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's representative was invited to expand on the application and provide information about the background of the offences and the applicant's personal circumstances.  It was noted that Mr B was aware when he made an application that he would be referred to a Sub-committee due to the contents of the DBS report.  It was added that the applicant had no conviction since 2014 and had not consumed alcohol since receiving a conviction for drinking and driving in 2011. He noted that he had three children and he needed a job to support his young family as he had recently been made redundant.

The applicant and his representative withdrew from the room while the Sub-committee members discussed the application.

RESOLVED that the applicant was currently 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' 

·         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 disclosing convictions.  

       Specific consideration was given to the following matters.

The applicant received a conviction for a series of offences from Gwynedd Magistrates Court (November 2011). 

The first offence related to driving a car without Insurance contrary to section 143 of the Road Traffic Act 1988, and he received a fine of £120.00  and his licence was endorsed. 

The second offence was for drinking and driving contrary to section 5(1)(A)  of the Road Traffic Act.  He received a fine of £120.00. an order to pay costs and was disqualified from driving for 18 months.

The third offence was for driving a car contrary the requirements of the licence and he received an order to pay £15 and his licence was endorsed.  

The applicant received a conviction for two offences from Gwynedd Magistrates Court (October 2013).  The first offence related to theft, contrary to section 1 of the Theft Act 1968 where he was ordered to pay costs of £100 and damages of £10.  The second offence related to failure to surrender to custody, contrary to section 6(1) of the Bail Act 1976  ...  view the full minutes text for item 6.