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.

In accordance with the hearing procedure, the applicant and / or his representative was given an opportunity to ask questions of the Council’s representative.

It was asked why a hearing had to be held and why the Environment Department did not have delegated powers to approve the application - the applicant's representative suggested that this meant unnecessary costs to the taxpayer.

In response, the Licensing Manager noted that the Gwynedd Delegated Rights Scheme had arrangements in place whereby an application with any offence appearing on the applicants' DBS would be presented to a Sub-committee for a decision.  It was added, in accordance with the Council's Constitution, that neither she nor the Head of the Environment Department had the power to make a decision be that due to a historical conviction or otherwise.

It was noted that the procedure and process were being reviewed with discussions taking place with the Legal Department to consider cases where a decision could be delegated.  Any amendment to the Constitution would be presented to the Licensing Committee and to the Full Council. 

In response to a question regarding whether the Licensing Manager had the right to suspend or revoke a licence, the Licensing Manager confirmed that she had the right to do this.

⁠The applicant was invited to elaborate on the application giving information about the background to the conviction and his personal circumstances, however, the applicant was eager for his representative to discuss the application with the Members. His representative highlighted that the conviction had occurred when the applicant was 18 years old, 42 years ago, and he had not offended since.  He added that the applicant had been a school bus driver and that post entailed responsibility and trust.    

Attention was drawn to paragraph 6.5 of the Licensing Policy which stated that an application will be refused if the applicant has a conviction that is less than 3 years prior to the date of the application - he emphasised once more that 39 years had elapsed.  He added that the applicant had been unemployed while waiting for a hearing and that the process was unsuitable and  ...  view the full minutes text for item 5.