Agenda, decisions and minutes

To receive any apologies for absence.

None to note

 

To receive any declaration of personal interest.

None to note

 

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. He explained that the decision would be made in accordance with Cyngor Gwynedd'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 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 convictions on his licence and his personal circumstances. 

 

RESOLVED that the applicant was a fit and proper person to be issued with a hackney/private hire vehicle driver's licence from Cyngor Gwynedd.

 

In reaching their decision, the Sub-committee had considered the following:

·      The requirements of 'Cyngor Gwynedd'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

·      The applicant's verbal representations

 

Specific consideration was given to the following matters:

 

Background

 

In November 2011, the applicant had received 3 convictions: 

·         using a car without insurance contrary to the Road Traffic Act 1988 S.143 (2)). He received a fine of £120 and an endorsement on his licence.

·         driving a car with excess alcohol contrary to the Road Traffic Act 1988 S.5 (1) (A) He received a fine of £120, costs of £85 and was disqualified from driving for 18 months

·         driving a car otherwise than in accordance with the licence - that cannot be certified contrary to the Road Traffic Act 1988 S.87(1). He received a fine of £40, an endorsement on his licence and additional costs of £15.

 

In October 2013 the applicant received a conviction for shoplifting contrary to the Theft Act 1968 S. 1 and failure to surrender to custody on the time noted, contrary to the Bail Act 1976 S.6 (1). He was fined £50 with costs of £100 and additional costs of £20.

 

In June 2014, he received 3 convictions for;

·         resisting or obstructing a Constable, contrary to the Police Act 1996 S.89 (2).   He received a fine of £90

·         using a vehicle without insurance, contrary to the Road Traffic Act 1988 S.143 (2). He was fined £110, costs of £85, and disqualified from driving for 12 months and additional costs of £20.

·         driving otherwise than in accordance with the licence, contrary to the Road Traffic Act 1988 S.87(1). He received a fine of £50 and an endorsement on his licence.

 

RELEVANT  ...  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 decision would be made in accordance with Cyngor Gwynedd'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 together with a taxi driver's safety certificate. It was highlighted that the applicant had not declared any previous convictions on his application form.  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 sentence, why he had not stated that he had previous convictions on his application form and his personal circumstances.  He explained that he had served 1 month in prison and he then had to wear a tag as his friend had threatened a witness by using his phone.  He also highlighted that he had only one conviction /incident and not convictions / incidents as noted in the report.  He apologised for not disclosing the offence on his application form and explained that he was not good at completing forms.

 

RESOLVED that the applicant was a fit and proper person to be issued with a hackney/private hire vehicle driver's licence from Cyngor Gwynedd.

 

In reaching its decision, the Sub-committee considered the following:

·      The requirements of 'Cyngor Gwynedd'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

 

Specific consideration was given to the following matters:

 

Background

 

In August 2008 the applicant was found guilty of intimidating a witness or juror with the intention of preventing, perverting or intervening with the course of justice contrary to the Criminal Justice and Public Order Act 1994 S.51 (1) and he received a sentence of imprisonment for 6 months.

 

 

 

 

RELEVANT CLAUSES OF THE POLICY

 

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.

 

Clause 2.3 of the Policy notes  ...  view the full minutes text for item 6.

To consider an application by Mr C

 

(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 Cyngor Gwynedd'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 Mr C for a hackney/private hire driver's licence. The Sub-committee was asked to consider the application in accordance with the DBS record, and the guidelines on relevant criminal offences and convictions, and the report of the DVLA.

 

The applicant was invited to expand on the application and provide information about the background of the environmental offence and his personal circumstances.  In response to a question as to why the details of the environmental offence had not been included on the application form, the applicant's representative noted that the environmental offence had not been considered relevant to a taxi driver's application.

 

RESOLVED that the applicant was a fit and proper person to be issued with a hackney/private hire vehicle driver's licence from Cyngor Gwynedd.

 

In reaching their decision, the Sub-committee had considered the following:

·      The requirements of 'Cyngor Gwynedd's Licensing Policy for Hackney Carriages and Private Hire Vehicles'

·      the applicant's application form

·      The Licensing Department's report, together with the DBS statement and the DVLA's report

·      the applicant and his representative/prospective employer's verbal representations

 

Specific consideration was given to the following matters:

 

Background

 

In July 2019, the applicant was found guilty of an offence of operating a regulated facility without an environmental permit; Environmental Permitting (England and Wales) Regulations 2007 Regulation 38(1) (a). 

 

In September 2020, the applicant received 3 penalty points for breaking the statutory speed limit on a public road (SP30)

 

RELEVANT CLAUSES OF THE POLICY

 

Although the Policy does not refer specifically to offences related to Environmental Offences, such offences are relevant for consideration. Every offence carried out by a Person who wishes to be a Taxi Driver, is relevant for consideration if the applicant is 'a fit and proper person'. Officers were of the opinion that operating a Regulated Facility without an environmental permit was a serious matter.

 

Section 13 relates to minor traffic offences and mainly refers to offences that are not listed in paragraph 12.2 of the Policy. Paragraph 13.2 was considered which highlights that one conviction for a minor driving offence could lead to an application being refused.

 

 

 

 

CONCLUSIONS

 

The Sub-committee concluded that the SP30 offence was not a problem in considering the provisions of the policy - the SP30 offence did not take the applicant's total over the 7 point limit noted in the Cyngor Gwynedd Speeding Policy before  ...  view the full minutes text for item 7.