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.

 

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 12month 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 refuse 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 highlighted that the offences had occurred during his time in the army and that he had not offended since. He reiterated that he was now working full time and seeking work on the weekend to get a second income to buy a house locally.

 

In response to a question by the Licensing Manager regarding his ability to control his temper when dealing with challenging customers, he noted that he had matured since his time in the army, and he could ignore any trigger to respond violently.

 

RESOLVED that the applicant was a fit and proper person to be issued with a 12-month 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 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 June 2017, the applicant was found guilty of common assault, contrary to the Criminal Justice Act 1988 (S.39) at Surrey Magistrates Court. He received a fine of £350.00, costs of £85, compensation of £200 and a Surcharge of £35 to the Victim. ⁠

 

In May 2017, the applicant was found guilty of Destroying / Damaging Property (value of the damage being less than £5000) under the Criminal Damages Act 1971.

 

In April 2013 the applicant was found guilty of 3 incidents of Serious Driving Offences contrary to the Road Traffic Act 1988 S.5 (1) (A). He received a fine of £300 and was disqualified from driving for 12 months.

 

In November 2021, the applicant received six penalty points for failure to provide information about the identity of a driver – these points would expire 17 November 2024.

 

No other convictions to consider

 

RELEVANT CLAUSES OF THE POLICY

 

Paragraph 2.2 of the Council's Policy was considered, which states that a person with a  ...  view the full minutes text for item 5.