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)

DECISION

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 highlighted 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 requested to consider the application in accordance with the DBS record, the guidelines on criminal offences and relevant convictions.

The Licensing Authority recommended that the Sub-committee should approve the application. The applicant had a clean driver's licence.

The applicant was invited to expand on the application and provide information about the background of the offences and his personal circumstances.  He noted that the offences had occurred following graduation from Bangor University and being invited to join a new company on the High Street. He was not aware of the maladministration, and he did not include the convictions on his application form as he considered these to be the company's convictions and not personal convictions. He added that he had by now received UK citizenship and he highlighted that his application for citizenship had been very thorough about his character.

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 along with the DBS statement

·      the applicant's verbal representations

Specific consideration was given to the following matters.

Background

In April 2013, the applicant was found guilty of the offence of concealing, unable to commit to the duty placed under the Companies Act 2006 (S.1006. S1006(7). He received a fine of £250 and costs of £2200 and a victim's surcharge of £15 in a Juvenile Court in Gwynedd.

In November 2013, the applicant was found guilty of the offence of concealing, unable to commit to the duty placed under the Companies Act 2006 (S.1006. S1006(7). He received a fine of £250 in a Juvenile Court in Gwynedd.

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