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)

DECISION

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 safeguarded

• 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 carriage/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 and medical certificate. The Licensing Authority recommended that the Sub-committee approved the application.

In response to the licensing officer's presentation, that stated the need for the applicant to expand why he did not acknowledge a drink driving offence on his application form for a licence, the licensing officer highlighted that this sentence in the report was an error and apologised for misleading the sub-committee.

The applicant was invited to expand on the application and provide information about the background of the convictions on his licence and his personal circumstances.  He highlighted that they were historical convictions that had occurred during a difficult period in his teens.  He highlighted that the last conviction occurred 37 years ago and since this conviction in 1985 that he had followed a career in the field of care for children and adults with learning disabilities.

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, the DBS statement and the DVLA's report

·      The applicant's verbal representations

·      The Driver and Vehicle Licensing Agency's guidelines

·      The applicant's medical form

Specific consideration was given to the following matters:

Conviction 1: In September 1980, the applicant was found guilty of theft from a shop, contrary to the Theft Act 1968 s.1. The applicant was 15 years old when the offence took place and he received a fine of £25.

Conviction 2: In August 1983, the applicant was found guilty of attempted theft from dwellings contrary to the Theft Act 1968 s.9 (1)(a). The applicant was 18 years old when the offence took place and he received a probation order for two years.

Conviction 3: In March 1984, the applicant was found guilty of two cases of theft from a shop, contrary to the Theft Act 1968 s.1; Breaching the Probation Order - Powers of Criminal Courts Act 1973 s.6. The applicant was 19  ...  view the full minutes text for item 5.