Agenda and draft 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

It was 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.

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 Manager presented the written report on the application received from Ms A for a new hackney/private hire vehicle driver’s licence. The Sub-committee was requested to consider the application in accordance with the DBS disclosure, the guidelines on criminal offences and relevant convictions. The Licensing Authority had recommended that the Sub-committee should refuse the application.

The applicant and the prospective employer were invited to expand on the application and provide information about the background of the convictions and the applicant's personal circumstances. The applicant explained that the incidents that were recorded on the DBS were historical incidents that had occurred when she went through a difficult period as a teenager. She added that she herself now had a child, and that she wanted to set a good example and have stability in her life. The applicant's prospective employer noted that she was aware of Ms A's background, but she had faith in her and was willing to give her a chance. She added that she had received a reference from Ms A's former employer as a carer in a children's home.

b)    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.

c)    In reaching its decision, the Sub-committee had 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 and the DBS statement

·         the applicant and her prospective employer's verbal representations

ch) Specific consideration was given to the following matters

The applicant had received a caution in June 2003 from North Wales Police for assault occasioning actual bodily harm contrary to the Offences Against the Person Act   1861. In September 2004 she received a conviction from Conwy Youth Court for an offence in relation to taking a motor vehicle without authority, contrary to the Theft Act 1968. She received an order that was deferred for five months and was ordered to pay costs of £20. In May 2006 the applicant received two convictions from Gwynedd Youth Court - one conviction of resisting or obstructing a person who was assisting a police officer, and one of assaulting a police officer, contrary to the Police Act 1996.  She received an Action Plan Order for three months for the first crime, and a community service order and a  ...  view the full minutes text for item 5.