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 Solicitor highlighted the need for clarity regarding what was to be determined.

a) That it was an application for a hackney/private hire driver's licence before the Sub-Committee. The application before them was not for an operator's licence and therefore the Sub-committee's resolution would not be a presumption of impact on other licences.   This would be for discussion at another sub-committee.

b) That the result of the hearing was not a revocation.  It was noted that a revocation suggested a driver's licence that was in force. The renewal system did not act as a review of a current licence but as a request for a new driver's licence to be effective from the final date of the current licence.  The only possible result from the hearing would be to grant or refuse.

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 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 he had run a business for over 20 years and that reference letters had been submitted noting that he was a good employer and was highly respected in the local community.

In response to a comment regarding the invalidity of the insurance of the car inspected the applicant's representative noted that the vehicle had full insurance, there was no risk to the public, the car was safe and the applicant had not been found guilty.  The Enforcement Officer argued that that the comprehensive insurance for the vehicle was invalid at the time of the inspection and a quote from the relevant insurance policy was given with the DBS record. 

The applicant and his representative withdrew from the room while 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  ...  view the full minutes text for item 5.