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APOLOGIES To receive
any apologies for absence. Minutes: An apology was received from Councillor Peter Read. It was noted that he had recently received surgery and he was
sent best wishes for a speedy recovery. |
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DECLARATION OF PERSONAL INTEREST To receive
any declaration of personal interest. Minutes: No
declarations of personal interest were received from
any members present. |
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URGENT ITEMS To note any
items that are a matter of urgency in the view of the Chairman for
consideration. Minutes: None to note |
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EXCLUSION OF PRESS AND PUBLIC This paragraph is relevant as the report
includes information about specific individuals who have the right to privacy.
There is no public interest that calls for disclosing personal information
about these individuals which would outweigh their rights. Consequently, the
public interest in maintaining the exemption outweighs the public interest in
disclosing the information Minutes: 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, or their identities. Consequently, the
public interest in maintaining
the exemption outweighed the public interest in disclosing the
information. |
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider
an application by Mr A (separate
copy for sub-committee members only) Minutes: a)
The
Chair welcomed everyone to the meeting. She explained 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 using 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 to the offences and his personal
circumstances. He highlighted that the 1988 conviction was one that had
occurred when he was in his teens and he had not been in any sort of trouble
since. He added that the 1989 conviction was not relevant to him and he
presented a letter from the Disclosure and Barring Service (dated 26.9.19)
confirming this. He also noted that an amended certificate
would be sent to him. The applicant withdrew from the room while members
of the Sub-committee discussed the application. b)
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. c)
In
reaching its decision, the Sub-committee considered the following: ·
the
requirements of 'Gwynedd Council's 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
ch) The applicant was
found guilty by Menai Bridge Magistrates' Court in September 1988 on two
charges - one of assault causing bodily harm contrary to Section 47 of the
Offences Against the Person Act 1861, and one charge of affray contrary to
Section 3 of the Public Order Act 1986. He received a fine of £400.00 and an
order to pay costs of £47.00. d) 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 permanently barred from obtaining a licence, but should be expected to be free from conviction for an appropriate period as stated in the Policy, and to show evidence that he was a fit and proper ... view the full minutes text for item 5. |
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider an application by Ms B (separate copy for sub-committee members only) Minutes: a)
The
Chair welcomed everyone to the meeting. She explained 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 using licensed
vehicles. The Licensing Manager submitted the written report
on the application received from Ms B for a new 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 her application and provide information about the
background of the offence and her personal circumstances. She highlighted that
the offence had occurred as a result of 'being in the wrong place at the wrong
time'. She noted that her family ran a
taxi company and she had been offered work to assist the business over the
weekends. The applicant withdrew from the room while members
of the Sub-committee discussed the application. b)
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. c)
In
reaching its decision, the Sub-committee considered the following: ·
the
requirements of 'Gwynedd Council's 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
ch) The applicant had
received a caution from North Wales Police (June 2015) for an offence of
Battery contrary to section 39 of the Criminal Justice Act 1988. d) 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 permanently barred from obtaining a licence, but should be expected
to be free from conviction for an appropriate period as stated in the Policy,
and to show evidence that she was a fit and proper person to hold a
licence. The applicant has a
responsibility to show that she is a fit and proper person. Paragraph 2.3 of
the Policy states that 'other matters for consideration' include cautions. 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 6 of the Policy addresses violent offences. Paragraph 6.1 states that licensed drivers have close regular contact with the public therefore the sub-committee should adopt a robust stance with those who have offences involving violence. Paragraph 6.2 states that anyone who has ... view the full minutes text for item 6. |
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider an application by Mr C (separate copy for sub-committee members only) Minutes: Also in attendance: Owain Williams (Public Protection Enforcement Officer - responsible officer for leading the prosecution in September 2016) and Alun Merfyn Roberts (Public Protection Enforcement Officer – Observer) a)
The
Chair welcomed everyone to
the meeting. She explained 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 using
licensed vehicles. The Licensing Officer presented a written report on the application received
from Mr C 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 to the offences and his personal circumstances.
He stated that he had been through
a difficult time recently with a marriage break-up, his son had been in a serious accident and the death of
one of his brothers. He noted that although he
was not making any excuses he had let matters slip regarding the administration and running of his taxi business. He added that he was
a good driver and he wished
to return to work in north
Wales. He argued that he should not be
criticised for one mistake
as he had been a faultless taxi driver. The applicant withdrew from the room while members of the Sub-committee discussed the
application. b)
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. c)
In reaching its decision,
the Sub-committee considered
the following: ·
the requirements of 'Gwynedd Council's
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 enforcement officer during the hearing ·
the Licensing Department's
report along with the DBS statement ch) The applicant had received a conviction from Liverpool Youth Court (June 1979) for one charge of theft, contrary to section 1 of the Theft Act 1968. He received a conditional discharge for 12 months (conviction 1). In August 1984, the applicant was found guilty by Wirral Magistrates’ Court for one charge of stealing from a vehicle contrary to the Theft Act 1968. He received a fine of £50.00 and an order to pay damages of £12.00 (conviction 2). In November 1986, the applicant was found guilty by Birkenhead Magistrates’ Court on two counts of fraudulently claiming child benefit contrary to section ... view the full minutes text for item 7. |