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Agenda and minutes

Venue: Siambr Dafydd Orwig, Council Offices, Caernarfon, Gwynedd, LL55 1SH. View directions

Contact: Lowri Haf Evans  01286 679878

Items
No. Item

1.

APOLOGIES

To receive any apologies for absence.

Minutes:

Apologies were received from both applicants.

It was noted that both applicants had noted that they did not want the hearing to be deferred due to their absence.

 

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 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 12A 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. 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 Licensing Authority recommended that the Sub-committee should approve the application.

 

The applicant was not present to expand on his 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

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

 

ch) Specific consideration was given to the following matters.

 

The applicant received a conviction from Caernarfon and Gwyrfai Magistrates' Court (August 2000) for being drunk and disorderly contrary to section 91(1) of the Criminal Justice Act 1967.    He was fined £50 and ordered to pay £30 costs. In January 2007, the applicant received a conviction from Gwynedd Magistrates' Court for unruly behaviour or using threatening, aggressive/insulting language likely to cause  harassment, alarm or distress contrary to section 5(1) (A) of the Public Order Act 1986.  He was given a conditional discharge of 12 months together with an order to pay costs of £75.00. 

 

d)    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 any conviction for an appropriate period as stated in the Policy, and to show evidence that the individual is a fit and proper person to hold a licence.  The applicant has a responsibility to prove that he 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.

 

Paragraph 6 of the Policy addresses violent offences. Paragraph 6.1 states that, since licensed drivers come into close contact regularly with the public, the sub-committee shall take a firm stance towards those who have offences involving violence.   Paragraph 6.5 of the Policy states that an application for a licence  ...  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 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 hackney/private hire driver’s licence. The Sub-committee was requested to consider the application in accordance with the DBS record, the Driver and Vehicle Licensing Agency statement, and the guidelines on relevant criminal offences and convictions.  The Licensing Authority recommended that the Sub-committee should refuse the application.

 

 

The applicant was not present to expand on his 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 their 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

·         The Licensing Department's report, the DBS statement and the Driver and Vehicle Licensing Agency statement

·         Institute of Licensing Guidance

·         Video clip of January 2019 incident

 

     ch) Specific consideration was given to the following matters.

 

In May 1982, the applicant received a conviction for a series of offences. The first offence was for theft from a vehicle contrary to the Theft Act 1968. The second was for burglary, the third for criminal damage contrary to section 1 of the Criminal Damages Act 1971, and the fourth was also for theft from a vehicle.    For every individual charge he received a community service order of 150 hours, an order to make a contribution towards legal aid of £75.00 and an order to pay costs of £75.00.  

 

In November 1983, the applicant received a conviction from Pwllheli Magistrates' Court for one charge of attempted theft from a vehicle, contrary to section 1 of the Theft Act 1968. He received a fine of £60.00 and ordered to pay costs of £3.00. In May 1985, he received a conviction from Pwllheli Magistrates' Court for a series of charges - offences relating to theft, contrary to Section 1, Theft Act 1968 and of attempted burglary contrary to section 9(1)(B) Theft Act 1968.   He was given a youth custody sentence for 6 months and an order to pay damages of £450.00.

 

In October 1988, he was convicted by Caernarfon Crown Court on a charge of assault that led to bodily harm contrary to section 47 of the Offences Against the Person Act 1861. He received a 9 month custodial sentence which was suspended for 6 months.

 

Following an incident in  ...  view the full minutes text for item 6.