Agenda, decisions 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 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

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

•       The safeguarding of vulnerable persons

•       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 as well as the Driver and Vehicle Licensing Agency's report. The Licensing Authority had recommended that the Sub-committee should refuse the application.

          In response to a question from a member of the Sub-committee to the Licensing Officer, it was confirmed that the wording / quotation from the description of the Act is 'vehicle control, mobile phone etc.'

The applicant's representative was invited to expand on the application and provide information about the endorsements on the licence and the applicant's personal circumstances and his failure to inform the Licensing Department on serious traffic offences on two occasions.  He highlighted that the applicant on one occasion, was caring for his father and therefore, with other things on his mind, had filled out the application form wrong and hadn't been able to inform the Licensing Department on his circumstances. On another occasion, his former partner was driving the car and he hadn't updated the details of his new address nor disclosed who was driving the car to the DVLA.

The applicant’s work as a taxi driver was praised - it was noted that he was honest, obliging, always ready to help and was popular with customers.

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 along with the DBS statement and the DVLA's report

·      the applicant’s representative's verbal representations

·      The Driver and Vehicle Licensing Agency's guidelines

Specific consideration was given to the following matters:

In July 2021, he received six penalty points on his driving licence for breaching the requirements of the Act in terms of 'vehicle control, mobile phone etc.'

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  ...  view the full minutes text for item 5.