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  • Agenda, decisions and minutes

    General Licensing Sub Committee - Friday, 21st March, 2025 10.00 am

    • Attendance details
    • Agenda frontsheet PDF 204 KB
    • Agenda reports pack PDF 217 KB
    • Printed decisions PDF 199 KB
    • Printed minutes PDF 142 KB

    Venue: Cyfarfod Rhithiol / Virtual Meeting. View directions

    Contact: Lowri Haf Evans  01286 679878

    Items
    No. Item

    1.

    APOLOGIES

    To receive any apologies for absence.

    Minutes:

    None to note

     

    2.

    DECLARATION OF PERSONAL INTEREST

    To receive any declaration of personal interest.

    Minutes:

    None to note

     

    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 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.

     

    Minutes:

    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.

     

    5.

    APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE

    To consider an application by Mr A

     

    (separate copy for sub-committee members only)

     

    Decision:

    DECISION

     

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

    Minutes:

    The Chair welcomed everyone to the meeting. He highlighted that the decision would be made in accordance with Cyngor Gwynedd'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

    • That the public can be confident when using licensed vehicles

     

    The Licensing Manager submitted the written report on the application received from Mr A to renew a hackney/private hire driver’s licence. The Sub-committee was requested to consider the application relating to the individual's suitability to be a driver of a hackney/private hire vehicle.

     

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

     

    The applicant was invited to elaborate on the application giving information about the background of the penalty points and his personal circumstances. He stated that he had held a private hackney/hire vehicle driver's licence since 2008 and when he received the licence he was advised to immediately report incidents of drinking and driving and/or criminal behaviour to the Licensing Unit, but no mention of reporting driving points. He added that the points were recent due to changes in speed limits in the areas he travelled with his work. He accepted the gravity of the situation, and that if he lost his licence he would lose his employment.

     

    RESOLVED that the applicant was a fit and proper person to be issued with a hackney/private hire vehicle driver's licence from Gwynedd.

     

    In reaching its decision, the Sub-committee considered the following:

    ·      The requirements of 'Cyngor Gwynedd's Licensing Policy for Hackney Carriages and Private Hire Vehicles'

    ·      Individual Suitability Guidelines

    ·      The report of the Licensing Department

    ·      The applicant's application form

    ·      DBS Statement

    ·      The report of the Driver and Vehicle Licensing Agency

    ·      Verbal comments by the applicant together with written evidence and information

     

    Specific consideration was given to the following matters:

     

    Background

     

    In December 2022 the applicant received 3 penalty points for breaching a statutory speed limit on a public road.

     

    Two days later, at the same location, the applicant received a 3-point penalty for breaching a statutory speed limit on a public road.

     

    In October 2024 the applicant received a 3-point penalty for breaching a statutory speed limit on a public road.

     

    RELEVANT CLAUSES OF THE POLICY

     

    Paragraph 2.2 of the Council's Policy was considered, stating 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  ...  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)

     

     

    Decision:

    DECISION

     

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

     

    Minutes:

    The Chair welcomed everyone to the meeting. He highlighted that the decision would be made in accordance with Cyngor Gwynedd'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

    • That the public can be confident when 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 relating to the individual's suitability to be a driver of a hackney/private hire vehicle.

     

    The Licensing Authority recommended that the Sub-Committee should refuse the application as three years had not elapsed since the end of the driving ban.

     

    The applicant was invited to elaborate on the application giving information about the background of the penalty points and his personal circumstances. He noted that the covid period had been a difficult time for him and the incident continued to affect him. He added that he had received a notice stating a reduction in his daily working hours and as a result, he had to consider additional income to support his family.

     

    RESOLVED that the applicant was a fit and proper person to be issued with a hackney/private hire vehicle driver's licence from Cyngor Gwynedd.

     

    In reaching its decision, the Sub-committee considered the following:

    ·      The requirements of 'Cyngor Gwynedd's Licensing Policy for Hackney Carriages and Private Hire Vehicles' 

    ·      Individual Suitability Guidelines

    ·      The report of the Licensing Department

    ·      The applicant's application form

    ·      DBS Statement

    ·      The report of the Driver and Vehicle Licensing Agency

    ·      Witness Statement

    ·      Verbal comments by the applicant together with written evidence and information

     

    Particular consideration was given to the following issue

     

    Background

     

    In February 2021, the applicant received a conviction under the Road Traffic Act 1988 for driving under the influence of drugs. He was banned from driving for 12 months effective from August 3, 2021.            

     

    RELEVANT CLAUSES OF THE POLICY

     

    Paragraph 2.2 of the Council's Policy was considered, which stated 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 2.4 stated that when an applicant had a conviction(s) or there were other matter(s) to be considered in connection with that, the Council could not review the merits of that conviction or the other matter.

     

    Paragraph 4.5 was considered which stated that the Rehabilitation  ...  view the full minutes text for item 6.