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Contact: Lowri Haf Evans Email: lowrihafevans@gwynedd.llyw.cymru
No. | Item |
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APOLOGIES To receive
any apologies for absence. Minutes: None to note. |
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DECLARATION OF PERSONAL INTEREST To receive
any declaration of personal interest. Minutes: No
declarations of personal interest were received from any members present. |
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URGENT ITEMS To note any
items that are a matter of urgency in the view of the Chairman for
consideration. Minutes: None to note. |
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EXCLUSION OF PRESS AND PUBLIC 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. Minutes: 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 12 A, 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, nor their identities.
Consequently, the public interest in maintaining the exemption outweighed the
public interest in disclosing the information. |
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider
an application by Mr A (separate
copy for sub-committee members only) Minutes: The Chairman welcomed everyone to the meeting. He
highlighted that the decision would be made in accordance with Gwynedd
Council'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 and the aim was to protect the public
by ensuring that: • A person is a fit and
proper person • That the person does not
pose a threat to the public • That the public are
safeguarded from dishonest persons • The safeguarding of
children and young people • The safeguarding of
vulnerable persons • That the public have
confidence in their use of licensed vehicles. The Licensing Manager presented a 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 DBS record, and the guidelines on relevant criminal offences
and convictions. The applicant was invited to expand on the
application and provide information about the background of the offences. He highlighted that they were historical
offences and that he had now established a successful business employing two
people. He noted that he was a
responsible person now compared to his early years and that he had not
committed any offence for over 12 years.
He added that he volunteered as a Rally Wales Marshall and had completed
a safety accreditation. The applicant withdrew from the room while the
Sub-committee members discussed the application. RESOLVED that the applicant was a fit and proper person to be issued with a
hackney vehicle/private hire driver's licence from Gwynedd Council. In reaching their decision, the Sub-committee
considered the following: • the requirements of the 'Gwynedd Council's Licensing Policy for Hackney
Carriages and Private Hire Vehicles' • the applicant's
application form • verbal observations
presented by the applicant during the hearing • the Licensing Department's report along with the DBS statement disclosing
the convictions Specific consideration was given to the following
matters. That a series of convictions (April 1990) had been disclosed
on the applicant's DBS record including driving offences, such as drink
driving, careless driving, driving whilst disqualified, driving without
insurance and two traffic offences. As a result, he was sentenced to six months
in custody for the drink drive offence, a sentence of 6 months for careless
driving (consecutively) and four months in custody for the disqualification
(also consecutively). He was banned from driving for five years. The Sub-committee was of the opinion that these convictions were tantamount to Drink Drive offences and Serious Traffic Offences and were in accordance with paragraph 11 and 12 of the Council's policy. In accordance with paragraph 11.2 of the Licensing Policy, it was noted that it was unlikely that a licence would be granted to applicants with more than one conviction for driving or being in charge of a vehicle under the influence of alcohol, unless a period of 10 years had elapsed. The sub-committee was satisfied that the offences did not cause any ... view the full minutes text for item 5. |
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider an application by Mr B (separate copy for sub-committee members only) Minutes: The Chairman welcomed everyone to the meeting. He highlighted that the
decision would be made in accordance with Gwynedd Council'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 and the aim was to protect the public by ensuring that: ·
A person is a fit and
proper person ·
That the person does not
pose a threat to the public ·
That the public are
safeguarded from dishonest persons ·
The safeguarding of
children and young people ·
The safeguarding of
vulnerable persons ·
That the public have
confidence in their use of licensed vehicles. The Licensing Manager submitted the written report on the application
received from Mr B for a new hackney/private hire driver’s licence. The
Sub-committee was requested to consider the application in accordance with the
DBS record, and the guidelines on relevant criminal offences and convictions. The applicant's representative was invited to expand on the application and
provide information about the background of the offences. He noted that some of the offences were
historical, except for one assault in June 2017. The circumstances of the assault were
expanded upon and it was noted that the applicant had admitted that he had made
a mistake. Although he was aware of the offence he had been open and honest
when submitting the application. It was
noted that there was no likelihood that he would re-offend and that having a
job would be his opportunity to improve his quality of life and provide for his
children. The Panel was asked to give
full consideration to the situation and it was suggested that the policy was
merely a guide and therefore it was possible to depart from it to reach the
right decision. The applicant and his representative withdrew from the room while the
Sub-committee members discussed the application. RESOLVED that the applicant was not a fit and proper person to be issued
with a hackney vehicle/private hire driver's licence from Gwynedd Council. In reaching their decision, the Sub-committee
considered the following: ·
the
requirements of the 'Gwynedd Council's Licensing Policy for Hackney Carriages
and Private Hire' ·
the
applicant's application form ·
verbal
observations presented by the applicant and his representative during the
hearing ·
the
Licensing Department's report along with the DBS statement that disclosed
convictions Specific consideration was given to the following
matters. A lengthy series of convictions had been disclosed on the applicant's DBS
record that included offences (between 1990 and 1998) for criminal damage,
driving offences, causing an affray, robbery and common assault. The Sub-committee was of the opinion that a
number of these convictions were relevant to robbery offences with most recent
in 1996. In considering paragraph 8.2 of
the policy and that these offences were historical, there was no grounds to
refuse the application. The opinion was the same with the historical
convictions for driving and violence where paragraphs 12 and 6.5 of the policy
had been considered. However, the Sub-committee highlighted concern when considering the offence of assault ... view the full minutes text for item 6. |