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 Ms 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

• Vulnerable persons are protected

• The public can be confident in using licensed vehicles

The Licensing Manager presented the written report on the application received from Ms A for a new hackney/private hire vehicle driver’s licence. The Sub-committee was requested to consider the application in accordance with the relevant convictions.

The Licensing Authority recommended that the Sub-committee should approve the application. It was noted that the applicant had declared the speeding points on her application. 

The applicant's representative was invited to expand on the application and provide information about the background of the offences and the applicant's personal circumstances. It was noted that the applicant had extensive experience of driving and now wished to be a taxi driver since she felt that her job driving a HGV was not suitable for her any longer. The intention of employing her to do work during school hours and a few hours during weekends was also noted if their application was approved.  

It was reiterated that discussions held prior to presenting the application with the Licensing Officer highlighted the penalty points and confirmation that the applicant had received a three-year hackney/private hire licence by Anglesey County Council in August 2023.

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 report of the Driver and Vehicle Licensing Agency (DVLA)

·      Verbal observations by the applicant's representative

Specific consideration was given to the following matters.

Background

In July 2020 the applicant received 3 penalty points for breaking the statutory speed limit on a public road. The relevant period of these points came to an end on the 3 July 2023.

In March 2021 the applicant received 6 (SP30) penalty points instead of 3 regular points since they were driving a HGV. These points expire in December 2025.

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 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/she is a fit and proper person to hold a licence. The onus  ...  view the full minutes text for item 5.