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Agenda and minutes

Venue: Siambr Hywel Dda, Council Offices, Caernarfon, Gwynedd. LL55 1SH

Contact: Lowri Haf Evans  01286 679878

Items
No. Item

1.

APOLOGIES

To receive any apologies for absence.

Minutes:

None to note

 

2.

DECLARATION OF PERSONAL INTEREST

To receive any declaration of personal interest.

Minutes:

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

 

3.

URGENT ITEMS

To note any items that are a matter of urgency in the view of the Chairman for consideration.

 

Minutes:

None to note

4.

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, or their identities.  Consequently, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

 

5.

APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE

To consider an application by Mr A

 

(separate copy for sub-committee members only)

 

Minutes:

a)    The Chairman welcomed everyone to the meeting. He explained 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 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 Officer presented a written report on an 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 his application and provide information about the background to the offences and his personal circumstances. He explained that all the incidents were from his past and that he now had a good relationship with his former partner and was working hard to support his children.

 

The applicant withdrew from the room while members of the Sub-committee discussed the application.

 

b)    RESOLVED - that the applicant was not currently a fit and proper person to be issued with a hackney vehicle/private hire driver's licence from Gwynedd Council.

 

c)    In reaching its decision, the Sub-committee considered the following:

 

·         The requirements of the 'Gwynedd Council Licensing Policy for Hackney Carriages and Private Hire Vehicles' 

·         the applicant's application form

·         verbal observations presented by the applicant during the hearing

·         the reference he received from his prospective employer

·         the Licensing Department's report along with the DBS statement

 

The applicant was convicted at Gwynedd Magistrates' Court in August 2012 for the offence of destruction to property contrary to section 1 of the Criminal Damage Act 1971.  He was ordered to pay compensation of £300 and costs of £85. In December 2012, he was found guilty by Gwynedd Magistrates' Court on two charges of battery. He received a suspended sentence, a community order for 18 months and costs of £200. In October 2013, the applicant was found guilty of a failure to comply with the requirements of a Community Order contrary to the requirements of the Criminal Justice Act 2003. He was fined £50 and ordered to pay £50 costs.

 

ch)       Paragraph 2.2 of the Council's Policy was considered. This states that a person convicted of a serious offence need not be permanently barred from obtaining a licence, but should be expected to be free from conviction for an appropriate period as stated in the Policy, and to show evidence that he was a fit and proper person to hold a licence.  The applicant had a responsibility to show that he is a fit and proper person.

 

Paragraph 4.5 of  ...  view the full minutes text for item 5.

6.

APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE

To consider an application by Mr B

 

(separate copy for sub-committee members only)

 

Minutes:

a)    The Chair 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 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 their use of licensed vehicles.

 

The Licensing Officer presented a written report on an application received from Mr B for a hackney/private hire driver's licence. The Sub-committee was asked to consider the application in accordance with the DBS record, and the guidelines on relevant criminal offences and convictions, and the report of the DVLA. 

 

The applicant was invited to expand on his application and provide information about the background to the offences and his personal circumstances. He gave a full explanation of the penalty points on his licence. His employer noted that the convictions in 1991 and 1998 had been given full consideration at a previous sub-committee, at which time the applicant's licence application had been approved. He reiterated that the applicant was a good driver and he praised his work.

 

The applicant and his employer withdrew from the room while the Sub-committee members discussed the application.

 

b)    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.

 

c)    In reaching its decision, the Sub-committee considered the following:

 

·         The requirements of the 'Gwynedd Council Licensing Policy for Hackney Carriages and Private Hire Vehicles' 

·         the applicant's application form

·         verbal observations presented by the applicant during the hearing

·         verbal observations presented by the applicant's employer during the hearing

·         the Licensing Department's report along with the DBS statement and the applicant's driving licence report provided by the DVLA.

The applicant was convicted by Mold Crown Court in April 1991 for causing injury to a person contrary to Section 47 of the Offences Against the Person Act 1861. He received a community order of 100 hours and was ordered to pay £100 in compensation and £124 in costs. In October 1998 he was convicted at Bangor Magistrates Court of stealing from his employer contrary to the the Theft Act 1968. He received a £350 fine and was ordered to pay £30 costs. In June 2015, Gwynedd Council claimed that he had operated as a hackney driver without a current licence (an offence that was contrary to section 47 of the Town Police Clauses Act 1847). It was also claimed that he did not have a reasonable excuse for not presenting his hackney carriage driver's licence when requested to do so by an authorised officer  ...  view the full minutes text for item 6.