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. 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 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. The applicant's driving licence was a clean licence. 

In response to a question regarding the applicant's failure to note his conviction on the application form with no reference to this in the report (although IOL National Guidance noted this as a serious matter), the Licensing Manager noted that applicants from time to time misunderstood what was required on the application form bearing in mind that recent driving convictions / endorsements or recent convictions need to be recorded.  It was added with the increase in the number of applications submitted on the website, there was less opportunity for the applicants to make enquiries with officers, and therefore give the applicant an opportunity to elaborate on the matter in the sub-committee.

The applicant was invited to expand on the application and provide information about the background of the conviction and his personal circumstances. He stated his wish to get a job that would give him additional income and that would raise confidence in his ability to communicate with the public. He added that he had not included the conviction on the application form as a period of three years had elapsed and he was under the impression that there was no need to disclose a historic conviction.

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, 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 February 2014 the applicant was found guilty of destroying or damaging property (property value of £5000 only or less under the Criminal Damages Act 1971), contrary to the Criminal Damages Act 1971, s.1(1).  He received a conditional discharge together with an order to pay costs of £85, damages of £30 and victim costs of £15.  ...  view the full minutes text for item 5.