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 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

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 12A 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.

To consider an application by Mr A

(separate copy for sub-committee members only)

a)    The Chair welcomed everyone to the meeting. He 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 individual 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. It was highlighted that an application from Mr A to renew his hackney / private hire driver's licence had been refused by the Sub-committee on 21.11.18. Mr A noted that the incident had taken place on his stag night and that his behaviour was out of character. He regretted what he had done and explained that he had apologised to the shop owner for his behaviour the following morning.  He was not aware that the receiving of a caution was considered a conviction and that it would appear on his DBS record. He expressed that he was now working and had gained a first responder qualification – he had submitted a personal statement, testimonials and references to support his application.

His prospective employer (should the application be approved) had no additional comment to make.

The applicant and his representative withdrew from the room while the Sub-committee members discussed the application.

b)    It was 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 and his representative during the hearing

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

·         the applicant’s personal statement, testimonials / references

Particular consideration was given to the following matters.

The applicant had received convictions for a series of offences (January 2010). The first conviction was for failing to surrender to custody at the allocated time, contrary to the requirements of the Bail Act 1976. He was fined £100.00 and ordered to pay £85 in costs. The second conviction was for being drunk and disorderly under Section 91 of the Criminal Justice Act 1967 (January 2010) where he was fined £50. The applicant received a conviction from Wolverhampton Magistrates' Court (February 2010) for damaging a property contrary to section 1 of the Criminal Damage Act 1971. He was fined £65 and ordered to pay costs of £85. In May 2017, the applicant  ...  view the full minutes text for item 5.

To consider an application by Mr B

(separate copy for sub-committee members only)

a)    The Chair welcomed everyone to the meeting. He 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 B for a hackney/private hire driver's licence. The Sub-committee was requested to consider the application in accordance with the DBS record, the Driver and Vehicle Licensing Agency statement, 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. The representative explained that Mr B had changed address and that his parent had not forwarded letters to him. Consequently, he had failed to respond to a penalty notice that had been issued for not paying a toll.

The applicant and his representative withdrew from the room while the Sub-committee members 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 had 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 given by the applicant's representative during the hearing

·         the Licensing Department's report, the DBS statement and the Driver and Vehicle Licensing Agency statement

In October 2015 the applicant had received three penalty points for breaching the statutory speed limit on a public road. In October 2017 he had received six penalty points for failing to provide information relating to driver identity.

There were no further matters to be considered.

Paragraph 2.2 of the Council's Policy was considered, which states 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 any 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 has a responsibility to prove that he is a fit and proper person. Paragraph 2.3 of the Policy confirms that "other matters to be considered" do include cautions.

Paragraph 12.2 lists serious traffic offences for the purposes of the Policy. Among the offences are MS90 (failing to provide driver identity information) where paragraph 12.3 states that an application will be refused if there is a conviction against the applicant and he/she has not been free of the  ...  view the full minutes text for item 6.