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 Miss 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. 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

•       The safeguarding of vulnerable persons

•       The public have confidence in using licensed vehicles.

The Licensing Officer presented a written report on the application received from Miss A for a hackney/private hire vehicle 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, and also the Driver and Vehicle Licensing Agency's report. The Licensing Authority recommended that the Sub-committee approve the application.

The applicant was invited to expand on the application and provide information about the background of the endorsements on the licence and her personal circumstances. She admitted that she had not submitted the details of her new address to the Driver and Vehicle Licensing Agency and had not informed the Licensing Department about serious traffic offences - she noted that at the time she had been moving house and she acknowledged her oversight.

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, the DBS statement and the DVLA's report

·      the applicant's verbal representations

·      The Driver and Vehicle Licensing Agency's guidelines

Specific consideration was given to the following matters:

In April 2020, the applicant had received six penalty points for failing to provide information relating to driver identity.

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 would normally be expected to remain free of any conviction for an appropriate period as stated in the Policy, and to show evidence that the individual was a fit and proper person to hold a licence. The onus was on the applicant to prove that they were 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 Act 1974 (Exceptions) (Amendment) Order 2002 allows the Sub-committee to take into account all convictions recorded against an applicant, whether spent or otherwise, under the 1974 Act.

Section 12 of the Policy relates to driving  ...  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. 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

• The safeguarding of vulnerable persons

• The public have confidence in using licensed vehicles.

The Licensing Manager submitted a written report on the application received from Mr B for a hackney/private hire vehicle 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 and a medical certificate. The Licensing Authority recommended that the Sub-committee approve the application.

The applicant was invited to expand on the application and provide information about the background of the offences on the DBS record and his personal circumstances.  He noted that he had been through a difficult and dark period in his life, but had now recovered.

In response to a question regarding dealing with unreasonable and difficult customers within the confined environment of a vehicle, he noted that conversing, being open and dealing with customers had been part of the support he had received through therapy sessions. He added that the medical certificate noted that he satisfied the medical standards.

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 and the medical form

·         the applicant's verbal representations

·         The Driver and Vehicle Licensing Agency's guidelines

Specific consideration was given to the following matters:

In April 2013, the applicant was found guilty of the offence of battery, contrary to the Criminal Justice Act 1998 (S.39). He had received a community caution under supervision, costs of £250 and compensation costs of £150.

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 would normally be expected to remain free of any conviction for an appropriate period as stated in the Policy, and to show evidence that the individual was a fit and proper person to hold a licence. The onus was on the applicant to prove that they were 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  ...  view the full minutes text for item 6.