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No. | Item |
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APOLOGIES To receive
any apologies for absence. Minutes: An apology was received
from the applicant Mr A |
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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 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. Minutes: 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. |
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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) Decision: That
the applicant is a fit and proper person to be issued with a hackney
vehicle/private hire driver's licence from Gwynedd Council. Minutes: 1.
The Chair welcomed everyone to the meeting. She explained that the
decisions 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 APPLICATION FOR A HACKNEY / PRIVATE HIRE DRIVER’S LICENCE – Mr A 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 according to the DBS record, the guidelines on
criminal offences and relevant convictions. The Licensing Authority recommended
that the Sub-committee approved the application. The applicant's representative (his prospective
employer) was invited to expand on Mr A's application and provide information
about the background of the convictions and his personal circumstances. It was noted that the applicant was
remorseful and that he now had a responsible job and served the public
daily. He explained that he only
received a caution and that the date of the conviction had now elapsed the
three-year period. It was also noted, in
cases where there were historical convictions, that Gwynedd Council's Licensing
Policy needed to be reviewed. 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. 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 ·
the Licensing Department's
report and the DBS statement ·
the applicant's verbal
representations ·
The
Driver and Vehicle Licensing Agency's guidelines Specific consideration was given to the
following matters: In January 2017, the applicant was found guilty by
North Wales Police of using threatening, aggressive/insulting language likely
to cause harassment, alarm or distress contrary to the Public Order Act
1986. The applicant received a caution
for the offence. 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 he will be expected to have been free of
any conviction for an appropriate period as stated in the Policy, and to show
evidence that he is a fit and proper person to hold a licence. The onus was on
the applicant to prove that he was a fit and proper person. Paragraph 2.4
states that when an applicant has a conviction(s) or there are other related
matter(s) to be considered in connection with that, the Council cannot review
the merits of the conviction or other matter. Paragraph 4.5 was considered which states that the Rehabilitation of Offenders ... view the full minutes text for item 5. |
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider
an application by Mr B (separate copy
for sub-committee members only) Decision: That
the applicant is a fit and proper person to be issued with a hackney
vehicle/private hire driver's licence from Gwynedd Council. Minutes: The Chair welcomed everyone
to the meeting. She explained that the decisions 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 APPLICATION FOR A HACKNEY/PRIVATE HIRE DRIVER’S LICENCE - Mr B The Licensing Manager
submitted the written report on the application received from Mr B for a hackney/private hire
driver’s licence. The Sub-committee was requested to consider the application according
to 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 was invited to expand on the
application and provide information about the background of the offences and
his personal circumstances. He noted that he was remorseful and by now had
matured. He noted that he had a responsible job in the care sector and that he
needed an additional job to pay for his children's care fees as he and his wife
worked full time. He added that he had disclosed the offences to his employer. 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. 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 ·
the Licensing Department's
report and the DBS statement ·
the
applicant's verbal representations ·
The
Driver and Vehicle Licensing Agency's guidelines Specific consideration was given to the
following matters: In September 2016, the applicant was found guilty by
Gwynedd Magistrates’ Court of driving a car under the influence of alcohol
contrary to the requirements of the Road Traffic Act 1988. He was fined £300, ordered to pay costs of
£85 and was banned from driving for 18 months (that could be reduced if a
driving course was attended) including an additional payment of £30. In April 2017, the applicant was found guilty by North
Wales Police of using threatening, aggressive/insulting language likely to
cause harassment, alarm or distress contrary to the Public Order Act 1986. The
applicant received a community order, costs of £85, additional costs and an
application to complete a rehabilitation workshop 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 he will be expected to have been free of any conviction for an appropriate period as stated in the Policy, and to show evidence that he was a fit and proper person to hold a ... view the full minutes text for item 6. |