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Agenda and minutes

Venue: Ystafell Dwyryd, Unit 2b, Snowdonia Business Park, Minffordd, Penrhyndeudraeth, LL48 6LD. View directions

Contact: Lowri Haf Evans  01286 679878

Items
No. Item

1.

APOLOGIES

To receive any apologies for absence.

Minutes:

An apology was received from Councillor Peter Read.

It was noted that he had recently received surgery and he was sent best wishes for a speedy recovery.

 

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

This paragraph is relevant as the report includes information about specific individuals who have the right to privacy. There is no public interest that calls for disclosing personal information about these individuals which would outweigh their rights. 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 Chair welcomed everyone to the meeting. She 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 highlighted that the 1988 conviction was one that had occurred when he was in his teens and he had not been in any sort of trouble since. He added that the 1989 conviction was not relevant to him and he presented a letter from the Disclosure and Barring Service (dated 26.9.19) confirming this.  He also noted that an amended certificate would be sent to him.

 

The applicant withdrew from the room while members of the Sub-committee 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 '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

 

  ch)     The applicant was found guilty by Menai Bridge Magistrates' Court in September 1988 on two charges - one of assault causing bodily harm contrary to Section 47 of the Offences Against the Person Act 1861, and one charge of affray contrary to Section 3 of the Public Order Act 1986. He received a fine of £400.00 and an order to pay costs of £47.00.

According to the applicant's DBS statement he had a conviction (March 1989) for three charges of shoplifting, contrary to section 1 of the Theft Act 1968.  However, he confirmed at the hearing that this record had been included in error and he presented a letter to the Sub-committee from the DBS confirming that the disclosure included an error.

 

   d)   Paragraph 2.2 of the Council's Policy was considered, this states that a person with a conviction for 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  ...  view the full minutes text for item 5.

6.

APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE

To consider an application by Ms B

 

(separate copy for sub-committee members only)

 

 

Minutes:

a)    The Chair welcomed everyone to the meeting. She 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 Manager submitted the written report on the application received from Ms 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 was invited to expand on her application and provide information about the background of the offence and her personal circumstances. She highlighted that the offence had occurred as a result of 'being in the wrong place at the wrong time'.  She noted that her family ran a taxi company and she had been offered work to assist the business over the weekends.

 

The applicant withdrew from the room while members of the Sub-committee 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 '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

 

  ch)     The applicant had received a caution from North Wales Police (June 2015) for an offence of Battery contrary to section 39 of the Criminal Justice Act 1988.

 

   d)      Paragraph 2.2 of the Council's Policy was considered, this states that a person with a conviction for 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 she was a fit and proper person to hold a licence.  The applicant has a responsibility to show that she is a fit and proper person. Paragraph 2.3 of the Policy states that 'other matters for consideration' include cautions.

 

Paragraph 4.5 of the Council policy was considered, which stated that the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2002 allowed the Sub-committee to take into account all convictions recorded against an applicant, whether spent or otherwise under the 1974 Act.

 

Paragraph 6 of the Policy addresses violent offences. Paragraph 6.1 states that licensed drivers have close regular contact with the public therefore the sub-committee should adopt a robust stance with those who have offences involving violence. Paragraph 6.2 states that anyone who has  ...  view the full minutes text for item 6.

7.

APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE

To consider an application by Mr C

 

(separate copy for sub-committee members only)

 

 

Minutes:

Also in attendance:  Owain Williams (Public Protection Enforcement Officer - responsible officer for leading the prosecution in September 2016) and Alun Merfyn Roberts (Public Protection Enforcement Officer – Observer)

 

a)    The Chair welcomed everyone to the meeting. She 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 the application received from Mr C 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 stated that he had been through a difficult time recently with a marriage break-up, his son had been in a serious accident and the death of one of his brothers.  He noted that although he was not making any excuses he had let matters slip regarding the administration and running of his taxi business. He added that he was a good driver and he wished to return to work in north Wales. He argued that he should not be criticised for one mistake as he had been a faultless taxi driver.

 

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

 

b)    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.

 

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

 

·         the requirements of '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

·         verbal observations presented by the enforcement officer during the hearing

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

 

  ch)     The applicant had received a conviction from Liverpool Youth Court (June 1979) for one charge of theft, contrary to section 1 of the Theft Act 1968. He received a conditional discharge for 12 months (conviction 1).  In August 1984, the applicant was found guilty by Wirral Magistrates’ Court for one charge of stealing from a vehicle contrary to the Theft Act 1968.  He received a fine of £50.00 and an order to pay damages of £12.00 (conviction 2).  In November 1986, the applicant was found guilty by Birkenhead Magistrates’ Court on two counts of fraudulently claiming child benefit contrary to section  ...  view the full minutes text for item 7.