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 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
It was 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.
APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE
To consider an application by Mr A
(separate copy for sub-committee members only)
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 carriage/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 Licensing Authority had recommended that the Sub-committee should refuse the application.
The applicant's representative was invited to ask questions of the Council’s representative. The applicant was given an opportunity to expand on his application and provide background information about the incidents in question and also his personal circumstances. It was noted that he was experiencing personal difficulties involving his son's health and the death of both his father and his friend. It was added that he had a quality taxi company, that he employed local drivers and that his priority was to retain the business. A witness was invited to support the applicant's application.
With the evidence having been presented, the applicant, his solicitor, and his friend withdrew from the room along with the Licensing Manager, while the members of the Sub-committee discussed the application.
b) It was RESOLVED that the applicant was not a fit and proper person to be issued with a hackney carriage/private hire driver's licence from Gwynedd Council.
c) In reaching its decision, the Sub-committee had considered the following:
· the requirements of the 'Gwynedd Council's Licensing Policy for Hackney Carriages and Private Hire Vehicles'
· the applicant's application form
· verbal observations by the applicant, his solicitor, and his friend
· documents and images submitted by the applicant during the hearing
· character references in the form of letters received in support of the applicant's application
· an excerpt of closed circuit television footage (2018 incident)
· recordings of 999 calls (2019 incident)
· the Licensing Department's report along with the DBS statement disclosing a conviction.
· Evidence and observations of the Magistrates’ Court.
d) Specific consideration was given to the following matters:
The applicant had received a formal caution from North Wales Police (May 2018) on a charge of assaulting a person contrary to section 39 of the Criminal Justice Act 1988.
In February 2019 the Licensing Department received a telephone call from the Police to advise that a member of the public had made an accusation that he had suffered a physical assault by the applicant following a fare dispute. No criminal charges were brought against the applicant for this incident. Following the incident, ... view the full minutes text for item 5.