Venue: Siambr Hywel Dda, Council Offices, Caernarfon, Gwynedd. LL55 1SH
Contact: Lowri Haf Evans 01286 679878
To receive any apologies for absence.
None to note
DECLARATION OF PERSONAL INTEREST
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
EXCLUSION OF PRESS AND PUBLIC
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.
APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE
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:
• The 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 an 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 applicant's driving licence report provided by the DVLA.
The applicant was invited to expand on the application and provide information about the background of the offences and his personal circumstances. He explained each situation in detail in turn. His employer confirmed that he knew the applicant well and that he was a good driver and a conscientious and reliable individual.
The applicant and his 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 Licensing Policy for Hackney Carriages and Private Hire Vehicles'
· the applicant's application form
· verbal observations presented by the applicant during the hearing
· verbal observations presented by the applicant's employer during the hearing
· the applicant's driving licence report provided by the DVLA.
Specific consideration was given to the following matters
In May 2017, the applicant received three penalty points on his driving licence for breach of requirements regarding control of a vehicle, mobile phones, etc. (these points expire in May 2019). Six additional penalty points received in September 2017 for breach of requirements regarding control of a vehicle, mobile phones etc. (these points expire in September 2020) were also considered. In December 2017, the applicant received a further three penalty points for breaking the speed limit on a public road (these points expire in December 2020). The applicant had no further convictions, warnings or endorsements.
Consideration was given to paragraph 2.3 of the Council's Policy, where it is noted that 'other matters to be considered' may include 'fixed penalty notices or other penalty notices'.
Consideration was given to paragraph 12.2 that lists serious traffic offences for the purposes of the Policy.
Consideration was given to paragraph 13.1 which notes that other traffic offences not listed in the Policy would be treated as 'minor traffic offences'. The paragraph is also puzzling, as it refers to a 'minor traffic offence' as an offence incurring between 1 and 3 penalty points. Despite this, it is suggested that any offence attracting ... view the full minutes text for item 5.