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 Miss 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 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 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 protected

• Vulnerable persons were protected

• The public had confidence in using licensed vehicles

 

The Licensing Manager presented a written report on the application received by Miss A for a 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.

 

In response to a question for more information regarding the Safeguarding for Taxi Drivers Certificate, the Licensing Manager noted that it was a high-quality interactive training course which taught learners how to achieve their safeguarding duties, by identifying different types of abuse and/or exploitation and report on those concerns appropriately. She reiterated, for three years, that the Licensing Unit recommended that taxi drivers completed the training, and the intention for the future was to make it part of the Licensing Policy.

 

The applicant's representative was invited to expand on the application, providing information about the background of the offences and the applicant's personal circumstances. They noted that the applicant had been honest in her application and had explained why the community order was revoked. They reiterated that this was one incident and the applicant had pleaded guilty. Should the application be approved, they would be happy to employ her.

 

The applicant was invited to expand on her application, but she noted that she was happy with what her representative had presented.

 

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's representative

 

Specific consideration was given to the following matters

 

Background

 

In January 2020, the applicant was found guilty of assault causing actual bodily harm (ABH) contrary to the Offences Against the Person Act 1861.S.47.

 

In March 2022, the applicant was found guilty of not complying with the community order requirements, contrary to the Sentencing Act 2020 Schedule 10, which was revoked after that.

 

RELEVANT CLAUSES OF THE POLICY

 

Paragraph 2.2 of the Council's Policy was considered, which stated that a person with a conviction for a serious offence need not be automatically barred from obtaining a licence but would be expected to have been free of any conviction for an appropriate period as stated in the Policy, and  ...  view the full minutes text for item 5.

To consider an application by Mr B

 

(separate copy for sub-committee members only)

 

 

To defer the decision in order to make further enquiries.

 

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 were safeguarded from dishonest persons

• Children and young people were protected

• Vulnerable persons were protected

• The public had confidence in using licensed vehicles

 

The Licensing Manager submitted the written report on the application received from Mr B to renew a hackney/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. ⁠It was reiterated that the applicant had declared the speeding points in his application.

 

The applicant was invited to expand on his application and provide information about the background of the penalty points that he received for speeding. Whilst presenting his information, it became clear that the total penalty points in the report of the Driver and Vehicle Licensing Agency (DVLA) was not equivalent to what the applicant had presented to the Sub-committee, along with confusion regarding the TT99 record on the same report. (TT99 record highlighted a disqualification under 'totting-up' - if the total penalty points reached 12 or more within 3 years, the driver could be removed).

 

The applicant also disclosed in his presentation that he had been excluded from driving for a period of two years - information that had not been disclosed to the Licensing Unit in accordance with the taxi licence requirements.

 

RESOLVED to defer the decision in order to make further enquiries

 

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

 

Specific consideration was given to the following matters

 

Background

 

In January 2023, the applicant received 3 penalty points (SP30) for breaching the speed limit on a public road - these points would expire in January 2026. 

 

In July 2023, the applicant received 4 penalty points (SP30) for breaching the speed limit on a public road - these points would expire in July 2026.

 

TT99 endorsement noted counting the points if the total penalty points reached 12 or more within 3 years and expired in April 2025.

 

CONCLUSIONS

 

The applicant's explanation of his circumstances and the discrepancies in his presentation, information from the Licensing Unit and the report of the Driver and Vehicle Licensing Agency (DVLA) were considered. Consequently, the Sub-committee determined in favour of deferring the application in order to make further enquiries into the applicant's application.⁠

 

The Solicitor reported that the decision would be confirmed  ...  view the full minutes text for item 6.