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 can be confident 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 asked to consider the application in accordance with the DBS record, the guidelines on relevant criminal offences and convictions, and the report of the DVLA.

The Licensing Authority recommended that the Sub-committee approved the application.

In response to the report, the applicant was asked why he had stated 'no' on his application form in response to a question regarding whether he had any previous convictions, cautions or ongoing charges. The applicant noted that he had not considered that an incident in 2007 would be classed as a 'criminal record' and he apologised for misunderstanding the question.

In response to the lack of reference to the motoring convictions in the report that had led to receiving 6 penalty points, the Licensing Officer stated that 6 points were considered a marginal matter although accepting that paragraph 13.3 of the policy noted 6 points as the expected total for policy purposes. She added that these convictions would have to be considered in reaching a decision.

The applicant was invited to expand on the application and provide information about the background of the penalty points, the background of the 2007 conviction and his personal circumstances. He noted that the incident in 2007 was a mistake, a historical, family incident. He added that he worked as a supervisor and that he had many responsibilities in the local community where he was required to behave professionally.

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 'Gwynedd Council'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's verbal representations

Specific consideration was given to the following matters:

Background

In December 2007 the applicant was found guilty on two counts of assault causing actual bodily harm (ABH) contrary to the Offences Against the Person Act 1861.

In September 2020 he received a motoring conviction of 3 penalty points (SP30) for breaking the speed limit on a public road.

In March 2022 he received a motoring conviction of 3 penalty points (SP30) for breaking the speed  ...  view the full minutes text for item 5.