Agenda and minutes

To receive any apologies for absence.

None to note

To receive any declaration of personal interest.

No declarations of personal interest were received from any members present.

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 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.

To consider an application by Mr A

(separate copy for sub-committee members only)

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.

To consider an application by Mr B

(separate copy for sub-committee members only)

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.