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 Chair 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 with the aim of protecting the public by ensuring that:

•       The 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 Officer presented a written report on an application received from Mr A for the renewal of 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 offence and the applicant's personal circumstances. 

The applicant withdrew from the room while 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 Licensing Policy for Hackney Carriages and Private Hire Vehicles' 

·         the applicant's application form

·         verbal observations presented by the applicant during the hearing

·         the comments of his representative / prospective employer

·         the Licensing Department's report along with the DBS statement

Specific consideration was given to the following matters

The applicant received a caution from North Wales Police in December 2012 on one charge of being in possession of extreme pornographic images, depicting sexual intercourse or oral sex between a person and an animal; an offence that is contrary to section 63(1)(7)(D) of the Criminal Justice and Immigration Act 2008. It was reported that the applicant had no other convictions or cautions.

Paragraph 2.2 of the Council's Policy was considered, in which it was stated 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 had a responsibility to show that he/she was a fit and proper person. Paragraph 2.3 of the Policy confirmed that cautions were among the 'other matters for consideration'.

It was highlighted that part 7 of the Policy addressed sexual offences and indecency. In paragraph 7.1, it was noted that a strict stance was to be taken with applicants who had convictions for sexual offences or other related matters as licensed drivers would often transport passengers who were travelling alone and were vulnerable. It was noted that an application would usually be refused if the applicant had a  ...  view the full minutes text for item 5.

To consider an application by Mr B

(separate copy for sub-committee members only)

The Chair 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 with the aim of protecting the public by ensuring that:

•       The 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 applicant and his prospective employer were invited to expand on the application and offer an explanation on the offences. As the applicant did not now have the right to benefits nor pension credit, he was in need of employment. The prospective employer confirmed that he had a 16-hour post for the applicant and that he trusted him to complete the work, having known him for over 50 years.

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 Licensing Policy for Hackney Carriages and Private Hire Vehicles' 

·         the applicant's application form

·         verbal observations presented by the applicant during the hearing

·         the comments of his prospective employer

·         the Licensing Department's report along with the DBS statement

Specific consideration was given to the following matters.

The applicant received a conviction from North West Wales Magistrates' Court (November 2017) for a charge of fraud as he had not reported a change in circumstances which would have affected his right to benefits payments (February 2014). The offence was contrary to section 111A(1A) of the Social Security Administration Act 1992, and the applicant was fined £180.00 and ordered to pay costs of £85.00 and a victim's surcharge of £30.00. It was highlighted that he had no further convictions nor cautions

Paragraph 2.2 of the Council's Policy was considered, in which it was stated 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 was a fit and proper person to hold a licence.  The applicant had a responsibility to show that he/she was 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 into account all convictions recorded against an applicant, whether spent or otherwise under the 1974 Act.

Paragraph 8.0 of the Policy, which addressed fraudulent offences, was considered. Paragraph 8.2 noted that an application would normally be refused or  ...  view the full minutes text for item 6.