Agenda, decisions and minutes

To receive any apologies for absence.

An apology was received from the applicant Mr A

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 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.

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.

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.

To consider an application by Mr B

(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.

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.