Agenda, decisions and draft 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 was 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 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 have confidence in using licensed vehicles.

 

The Licensing Manager presented the written report on the application received from Mr A for 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.

 

The applicant was invited to expand on the application and provide information about the background of the points on his licence, the conviction for a serious driving offence and his personal circumstances. He highlighted that the serious driving conviction had occurred in January 2016 and not in June 2015 as noted in the report.

 

In response to a question regarding the date of signing the application (27-02-2005) the applicant noted that this was a mistake and that he had confused the date with the birthday of a family member.

 

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 had 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 report of the Driver and Vehicle Licensing Agency

·      The applicant's application form 

·      Verbal observations by the applicant

 

Specific consideration was given to the following matters:

 

Background

 

In April 2023, the applicant received six penalty points on his driving licence for not disclosing information relating to the driver of the car, etc.

 

In May 2023, the applicant received three additional penalty points on his driving licence for Breaching the Speed Limit on a Public Road.

 

In January 2016 the applicant was convicted for the offence of Causing a Dangerous Incident on/over a Road, contrary to the Road Traffic Act 1988. He was fined £155, ordered to pay costs of £85 and additional costs of £20.

 

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 is on the applicant to show that he/she is a fit and proper person. ⁠Paragraph 2.4 states that when an applicant has  ...  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 was 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 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 have confidence in using licensed vehicles.

 

The Licensing Manager presented the written report on the application received from Mr A for 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.

 

The applicant was invited to expand on the application and provide information about the background of the points on his licence, the conviction for a serious driving offence and his personal circumstances. He highlighted that the serious driving conviction had occurred in January 2016 and not in June 2015 as noted in the report.

 

In response to a question regarding the date of signing the application (27-02-2005) the applicant noted that this was a mistake and that he had confused the date with the birthday of a family member.

 

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 had 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 report of the Driver and Vehicle Licensing Agency

·      The applicant's application form 

·      Verbal observations by the applicant

 

Specific consideration was given to the following matters:

 

Background

 

In April 2023, the applicant received six penalty points on his driving licence for not disclosing information relating to the driver of the car, etc.

 

In May 2023, the applicant received three additional penalty points on his driving licence for Breaching the Speed Limit on a Public Road.

 

In January 2016 the applicant was convicted for the offence of Causing a Dangerous Incident on/over a Road, contrary to the Road Traffic Act 1988. He was fined £155, ordered to pay costs of £85 and additional costs of £20.

 

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 is on the applicant to show that he/she is a fit and proper person. ⁠Paragraph 2.4 states that when an applicant has  ...  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 was 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 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 have confidence in using licensed vehicles.

 

The Licensing Manager submitted the written report on the application received from Mr C for a hackney/private hire driver’s licence. The Sub-committee was requested to consider the application in accordance with the relevant convictions. It was noted that the applicant had acknowledged the conviction on his application form for a licence.

 

The Licensing Authority recommended that the Sub-committee should approve the application.

 

The applicant was invited to expand on his application and provide information about the background of the offence. He noted that the incident had happened during a difficult divorce. He emphasised that the conviction was non-violent (A2) and related to a lack of communication. He added that he always explained the situation to employers and was embarrassed by his behaviour.

 

RESOLVED

 

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 March 2017, the applicant received a conviction at Gwynedd Magistrates' Court for conduct amounting to harassment, contrary to the Protection from Harassment Act 1997 S.2(1) + S.2(2). The applicant received a 20-week sentence suspended for 18 months plus a £425 fine, a requirement to undertake unpaid work and rehabilitation activity. A restraining order was also imposed on the applicant. 

 

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 is on the applicant to show that he/she is a fit and proper person. ⁠Paragraph 2.4 states that when an applicant has a conviction(s) or there are other matter(s) to be considered in connection with that, the Council cannot review the merits of that conviction or the other matter.

 

Paragraph 4.5 was considered which states that the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2002 allows the Sub-committee to take into account all convictions recorded against an applicant, whether spent or otherwise, under the 1974 Act.

 

Paragraph 6.0 of the Policy addresses violent  ...  view the full minutes text for item 7.