Agenda, decisions 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 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.

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)

That the applicant is a fit and proper person to be issued with a hackney vehicle/private hire driver's licence from Gwynedd Council.

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 the application received from Mr A for

a hackney/private hire vehicle driver's licence. The Sub-committee was requested to

consider the application in accordance with the DBS record, the guidelines on criminal

offences as well as the Driver and Vehicle Licensing Agency's report. The Licensing

Authority recommended that the Sub-committee approved the application.

          In response to a question from the Head of Legal Services to the Licensing Officer, it was confirmed that it was the individual’s responsibility to present the DBS report to the Licensing Authority. It was also confirmed that consideration had not been given to the three points for speeding as they were not contrary to policy and not a reason to refuse the application.

          In response to a question from the applicants’ representative to the Licensing Officer regarding the application, it was confirmed that Premier Cars Company present a number of applications and are always ready to collaborate, are open and very aware of the arrangements

The applicant's representative was invited to expand on the application and provide information about the background of the offences and the applicant's personal circumstances.  It was noted that the applicant’s circumstances at the time were hard, but since then he had turned his life around by caring for his daughter and his father. It was added that the application form was completed by Premier Cars Office Manager and that there was no intention from the applicant to mislead the Sub-committee by not including the details regarding being banned from driving for 18 months in 2016. In accordance with Policy requirements, it was explained that a period of three years had elapsed since the ban and that there were no other offences to consider. The applicants wish was to return to work in order to support his daughter. 

In response to a question from a Member of the Sub-committee in relation to completing the application form and that the 'wrong box' had been ticked, the applicant’s representative noted that this was a mistake from the Office Manager and that there was no intent to trick the sub-committee. It was added that the application had been done in goodwill and that it was the company who made the application for a DBS form as a method of preparing for the hearing.

In response to a question from the Head of Legal Services, it was  ...  view the full minutes text for item 5.

To consider an application by Mr B

(separate copy for sub-committee members only)

That the applicant is a fit and proper person to be issued with a hackney vehicle/private hire driver's licence from Gwynedd Council.

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 Mr 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 guidelines on criminal offences as

well as the Driver and Vehicle Licensing Agency's report. The Licensing Authority

recommended that the Sub-committee should approve the application.

The applicant was invited to expand on the application and provide information about the endorsements on his driving licence and his personal circumstances.  He made reference to the 6 points he received for not having car insurance and stated that he was providing food for a vulnerable individual during lockdown. He accepted that he should be aware that he had social use on the car and not business use.  He noted that he enjoyed driving and that he understood and accepted the job requirements.

In response to a question from the Licensing Officer, the applicant noted that he had not received confirmation of his employment with 'Huw's Taxis' company but he had discussed work with local companies.

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.

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 and the DVLA's report

·      the applicant's verbal representations

·      The Driver and Vehicle Licensing Agency's guidelines

Specific consideration was given to the following matters

In May 2020 the applicant received six penalty points for using a vehicle without insurance against third party risks as well as three penalty points for breaking the statutory speed limit on a public road in September 2020. As a result, he received nine penalty points on his driver’s licence.

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 he will be expected to have been free of any conviction for an appropriate period as stated in the Policy, and to show evidence that he is a fit and proper person to hold a licence. The onus was on the applicant to prove that he was a fit and proper person. Paragraph 2.3 states, for the purpose  ...  view the full minutes text for item 6.