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 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

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.

To consider an application by Mr A

(separate copy for sub-committee members only)

a)       The Chair 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 report recommended that the application be refused.

The applicant was invited to expand on the application and provide information about the background of the offences and his personal circumstances.  He highlighted that the violence-related offence that occurred in 2014, was one of hitting back when his former partner had behaved aggressively to him.

He stated that he had been driving taxis since 2008, and had received a licence following the conviction in 2014.  The licence expired in 2019. The applicant's employer highlighted that she had known him for over 20 years and had not received any complaints about his behaviour during that period.  She added that the incident of hitting back was out of character.  She had no concerns or doubts about continuing to employ him and she trusted him.

The applicant and his representative 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 '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

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

In March 1983, the applicant received a conviction from Blaenau Ffestiniog Magistrates' Court for a series of five charges associated with taking a vehicle without consent contrary to Section 12 (1) of the Theft Act 1968.   For these offences he received a total of £113 in fines, was disqualified from driving for 12 months and received penalty points on his driving licence.   In February 1984, the applicant received a conviction from Blaenau Ffestiniog Magistrates' Court for one charge of stealing from non-residential property - contrary to Section 9 (1) (B) of the Theft Act 1968.  He was given a conditional discharge of 12 months, an order to pay costs of £3 and damages of £29. In May  ...  view the full minutes text for item 5.