Agenda, decisions and minutes

To receive any apologies for absence.

None to note

To receive any declaration of personal interest.

None to note

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. She 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

• The safeguarding of vulnerable persons

• 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 and relevant convictions, as well as the medical certificate, the applicant's personal statement and references. The Licensing Authority had recommended that the Sub-committee should refuse the application.

In response to the presentation of the Licensing Manager, the applicant's representative asked the Licensing Manager to confirm that the passenger in the 2019 case had not come to any harm or made any formal complaint to the Police about the driver's behaviour. In response, the Licensing Manager noted that the evidence had been challenged at the Magistrate' Court and although there had been no conviction, the Judge had determined that the evidence was credible.

The applicant's representative suggested that the passenger's impressions were very different to those of the driver in the 2019 incident. In response, the Licensing Manager, although confirming that there had been no further action by the Police, noted that a recording of the situation on the evening had been submitted as evidence and that 'general behaviour' was a consideration, although there had been no conviction.

In response, the applicant's representative noted that a caution by the Police was not a conviction but, in response, the Licensing Manager noted that evidence of a caution was sufficiently strong in this case.

The applicant was invited to expand on his application and provide information about the background of the caution on his licence and his personal circumstances. A mixture of 37 references had been submitted by friends, colleagues, neighbours and service users. He noted that he regretted the incidents in 2018 and 2019 and that he acknowledged that he had behaved appallingly. At the time, he was under strain although he accepted that this was no excuse for his behaviour. He appreciated that drivers had to be reliable and that the sub-committee played an important part in ensuring this.

He shared examples of the work and community responsibilities he had undertaken since the incidents, which included attending a course on ensuring public safety. He stated his wish to put the past behind him and focus on moving forward by prioritising his business and his family. He thanked his staff for their support in carrying on the business through  ...  view the full minutes text for item 5.