Venue: Cyfarfod Rhithiol / Virtual Meeting. View directions
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.
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)
That the applicant is a fit and proper person to be issued with a hackney vehicle/private hire driver's licence from Gwynedd Council.
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 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, the guidelines on criminal offences and relevant convictions. The Licensing Authority had recommended that the Sub-committee should refuse the application.
The applicant and his prospective employer were invited to expand on the application and provide information about the background of the convictions and the applicant's personal circumstances. The applicant’s prospective employer explained that the incidents that were recorded on the DBS were historical incidents that had occurred when Mr A went through a difficult period as a teenager. He added that he was aware of his background and that he had discussed the matter with the applicant's other employer and had been provided with a reference, and that he was willing to give him a chance.
b) RESOLVED that the applicant was a fit and proper person to be issued with a hackney /private hire vehicle 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
• the Licensing Department's report and the DBS statement
• the applicant and his prospective employer's verbal representations
ch) Specific consideration was given to the following matters
In April 1999, the applicant was found guilty by Tameside Magistrates Court on three charges: taking a vehicle without permission (contrary to s12 (1) Theft Act 1968); driving contrary to the conditions of a driving licence (contrary to s87 (1) Road Traffic Act 1988) and using a vehicle without insurance (contrary to s143 (2) Road Traffic Act 1988). He received a conditional discharge for 12 months, a 7-point endorsement on his licence and an order to pay costs of £55.00.
In May 2001 the applicant was found guilty by Mold Magistrates Court on a charge of destroying or damaging property (contrary to s1 (1) Criminal Damages Act 1971). He received a fine of £50.00, an order to pay costs of £40.00 and damages of £50.00.
In February 2003 he was found guilty by Conwy Magistrates Court on two charges of using a vehicle without insurance, (contrary to s143 (2) Road Traffic Act 1988) and driving while disqualified (contrary to s103 (1) (B) ... view the full minutes text for item 5.