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)

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 offences and his personal circumstances. He highlighted that the offences had occurred during one incident and during a challenging and vulnerable time in his life and he had not offended since. He added that he was now working full time in a responsible job, and this included working in situations of anti-social behaviour, and he volunteered in a local school.

In response to a question by one of the Members 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 'Gwynedd Council'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 October 2008, the applicant was found guilty of battery contrary, to the Criminal Justice Act 1988 (s.39) and Actual Bodily Harm, contrary to the Offences Against the Person Act 1861 (s.47).

There were 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 conviction for a serious offence need not be automatically barred from obtaining a licence, but they will be expected to have been free of any conviction for an appropriate period as stated in the Policy, and to show evidence that they are a fit and proper person to hold a licence. The onus was on the applicant to prove that he was a fit and proper person. ⁠Paragraph 2.4 stated that when an applicant had a conviction(s) or there were other matter(s) to be considered in connection with that, the Council could  ...  view the full minutes text for item 5.