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.

RESOLVED to exclude the press and public from the meeting during the discussion on the following items because of 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 because 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, nor 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 was a fit and proper person

• The person did not pose a threat to the public

• The public was safeguarded from dishonest persons

• Children and young people were safeguarded

• Vulnerable people were safeguarded

• The public was 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 relevant convictions.

The Licensing Authority recommended that the Sub-committee should approve the application. 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 convictions were historical-  in a period when he was young and foolish. He highlighted that he had experience of working as a taxi driver and had been offered work with the local company. He added that he had worked for the Cross Rail company for years where detailed checks were carried out to ensure his suitability for the post.

In response to a question as to why he had not acknowledged the convictions on his application form, he noted that the last conviction had happened in 1987 (36 years ago) and he therefore thought that they would be spent. He apologised that he was not aware that historical convictions continued to be considered when applying for a hackney/private hire driver's licence.

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 report of the Licensing Department

·      DBS Statement

·      The applicant's application form 

·      Verbal observations by the applicant

Specific consideration was given to the following matters:

Background

In January 1970, the applicant had received a conviction for causing Indictable Common Assault contrary to S.42+S.47 of the Offences Against the Person Act, 1861 and burglary and theft from a dwelling contrary to The Theft Act, 1968.9(1)(B). He had been sentenced at Caernarfon Juvenile Court and sent to a Detention Centre for three months. 

In April 1982 he had received a conviction for handling stolen goods contrary to S22 of the Theft Act 1968 and causing Actual Bodily Harm (ABH) contrary to the Offences Against the Person Act, 1861. He had been sentenced at Gwyrfai Magistrates Court and received a suspended sentence of 2 years.

In May 1983, he had received a conviction for Assault causing Actual Bodily Harm (ABH) contrary to S.47 of the Offences Against the Person Act, 1861.  ...  view the full minutes text for item 5.

To consider an application by Mr B

(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. She 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 was a fit and proper person

• The person did not pose a threat to the public

• The public were safeguarded from dishonest persons

• Children and young people were safeguarded

• Vulnerable people were safeguarded

• The public could be confident in using licensed vehicles

The Licensing Manager submitted the written report on the application received from Mr B for a hackney/private hire driver’s licence. The Sub-committee was asked to consider the application in accordance with the relevant convictions.

The Licensing Authority recommended the Sub-committee grant the application. It was added that it was an application to renew the licence of Hackney / Private Hire vehicle that was presented and that the applicant had declared the speeding points on his application.

The applicant's representative was invited to expand on the application and provide information about the background of the penalty points that he had received for speeding. He noted that the applicant was in the office, but was ill with covid. If there was a need for the members to hear from the applicant, there was a way to arrange another room for him. It was reported that he accepted that the two cases were close together and that the applicant apologised for that. It was noted that the applicant was an experienced driver and that not working over the last six weeks had felt like a punishment - had lost a wage and he was the family's main earner.

In response to a question on why the applicant had not declared his penalty points in May and June, as that it was a condition on any hackney / private hire vehicle driver's licence, it was accepted that the information should have been shared with the Licensing Unit, but the applicant had also thought that he would receive an offer to attend a speed awareness course.

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 report of the Licensing Department

·      The report of the Driver and Vehicle Licensing Agency (DVLA)

·      The applicant's application form 

·      Verbal observations by the applicant's representative

Specific consideration was given to the following matters:

Background

In May 2021, the applicant received three penalty points (SP30) for breaching the speed limit on a public road - these points expire in May 2024. 

In June 2021, the applicant received three penalty points (SP30) for breaching the speed limit on a public road - these points would expire in June 2024.

RELEVANT CLAUSES  ...  view the full minutes text for item 6.

To consider an application by Mr C

(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. She 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 was a fit and proper person

• The person did not pose a threat to the public

• The public were safeguarded from dishonest persons

• Children and young people were safeguarded

• Vulnerable people were safeguarded

• The public could be confident in using licensed vehicles

The Licensing Officer presented a written report on an 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 relevant information.

The Licensing Authority recommended that the Sub-committee should have regard to the Council's Policy and the IOL’s Guidance on the safety and suitability of the applicant before a decision was made on whether or not to grant a licence.  

The applicant was invited to expand on the application and provide information about the background of the offences. He highlighted his frustration whilst completing the application by misinterpreting the information he had received along with being unable to understand the registration process and having to pay fees and DBS costs beforehand. He added that his behaviour was out of character and he was going through a difficult time in his life at that point - without a job, he would have become homeless. He noted that he had learned from the process, and he had been offered a job, subject to being granted a licence. His wish for the future was to offer transport for the disabled.  

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 report of the Licensing Department

·      The applicant's application form 

·      Verbal observations by the applicant

Specific consideration was given to the following matters:

Background

·         In August 2023 the applicant visited the Council offices and spoke to a member of staff inappropriately and aggressively. His conduct was such that an experienced member of the reception staff at the offices had cause to report the matter formally on a HS11 form to her line manager and Human Resources department. An anonymised version of the form was shared with Licensing service Manager as it related to this application for a taxi driver application.

·         A few days after this incident, the applicant returned to the council offices, and was met by two licensing officers who had cause to advise him that as an applicant for a taxi driver licence, his conduct was a matter of relevance, and that bad behaviour towards council officers would not be tolerated. The applicant in response noted that he felt  ...  view the full minutes text for item 7.