Venue: Siambr Hywel Dda, Council Offices, Caernarfon, Gwynedd. LL55 1SH
Contact: Lowri Haf Evans 01286 679878
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
emphasised 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 • 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 • The
public have confidence in their use of licensed vehicles. The Licensing Officer presented the written report on
the application received from Mr A for a hackney /private hire vehicle driver's
licence. The Sub-committee was requested to consider the application in
accordance with the DBS record, the guidelines on criminal offences and the
applicant's driving licence report provided by the DVLA. Attention was drawn to
the fact that the applicant had noted a conviction for an offence under section
4 of the Public Order Act 1986 on his application form that was not included on
the DBS record. The applicant was invited to expand on the application
and provide information about the background of the offences and his personal
circumstances. He explained each situation in detail, and outlined that he had
not received a conviction for failing to disclose information about the
identity of a driver, but had received a fixed penalty and points on his
licence. He added that he did not regularly drive vehicles, and that he was
primarily a back-up driver. The applicant withdrew from the room while
Sub-committee members discussed the application. RESOLVED that the
applicant was a fit and proper person to be issued with a hackney /private hire
vehicle 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, the DBS statement and the applicant’s driving licence report provided
by the DVLA. Specific consideration was given to the following
matters The applicant had received a conviction in 2012 for an
offence under Section 4 of the Public Order Act 1986. In October 2016, he received
four penalty points on his driver's licence for breaking the speed limit on a
public road. Consideration was given to the additional six points that he
received in March 2018 for a breach of requirements regarding control of a
vehicle, mobile phones, etc. and a further six points for failing to disclose
information about the identity of a driver. 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 would normally be expected to remain free of conviction for an appropriate period as stated in ... 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 • 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 • The public have confidence in their use of licensed
vehicles. The
applicant was invited to expand on his application and offer an explanation on
the offences. He noted that Caernarfon Magistrates Court had allowed the
applicant to retain his licence due to his personal circumstances. He explained
that a number of points of the license would have expired by the end of
February, that would therefore leave a total of five points. The applicant's
representative noted that he had not received complaints about Mr A, and he
stressed that he was a likeable, courteous and dependable character. The applicant and his representative 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 / private
hire vehicle driver's licence from Gwynedd Council. In reaching its 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 and his representative during the hearing ·
reference letters ·
the Licensing Department's
report along with the DBS statement and the applicant's driving licence report
provided by the DVLA. Specific consideration was given to the following
matters. The applicant had received three penalty points for
speeding on two occasions in January 2016 (these points expired in January
2019). In February 2016 he received three points for speeding (due to expire in
February 2019) and five further points in July 2016 (due to expire in July
2019). The applicant had no other convictions, notices or endorsements. 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 would normally be expected
to remain free of 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 applicant has a
responsibility to show that he/she is a fit and proper person. 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. Consideration was given to paragraph 12.2 that lists serious traffic offences for the purposes of the Policy. It was noted ... view the full minutes text for item 6. |