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 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 was invited to expand on his application and provide information about the background of the offences and his personal circumstances. He noted that the offences referred to one incident when he was young and foolish, and that he had received a significant fine for his folly. He added that he worked as a driver for a local company, and that the company had offered him a job as a hackney / private hire driver should his application be approved.

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 its 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 Licensing Department's report along with the DBS statement and the applicant's driving licence report provided by the DVLA.

Specific consideration was given to the following matters:

The applicant received a conviction in November 2010 from Caernarfon Magistrates' Court for a series of offences. The applicant was charged with aggravated vehicle-taking, causing damage to property contrary to section 12A of the Theft Act 1968. He was fined £85, ordered to pay costs of £85 and £1,400 in compensation, and was banned from driving for 12 months. On one occasion he was charged with driving a vehicle without insurance contrary to section 143(2) of the Road Traffic Act 1988, when he received a fine of £85 and a driving licence endorsement. He was also charged with driving contrary driving licence conditions, contrary to the Road Traffic Act 1988 S87(i), when he received a fine of £15 and a further driving licence endorsement.

The applicant received 3 penalty points for breaking the statutory speed limit on a public road in June 2016.

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  ...  view the full minutes text for item 5.