Agenda, decisions and draft 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)

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

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

• The public can be confident in the use of licensed vehicles

The Licensing Manager submitted a written report on an application by Mr A to renew a hackney/private hire vehicle driving licence. Two CCTV videos of the accident of which the applicant had been accused were shown – both videos had been submitted as evidence by the applicant. The Sub-committee was asked to consider the application in accordance with what related to an individual's suitability to be a hackney/private hire vehicle driver.

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

In response to a question regarding whether a letter was sent to hackney/private hire vehicle drivers reminding them that their licence was expiring, it was confirmed that the Licensing Unit had an arrangement in place, but in this case the applicant had recently moved house. It was added that it was a legal requirement for the applicant to notify the Unit of any changes in circumstances.

In response to a question about the speed of the car when it hit a member of the public, it was noted that although there was no evidence of the speed, evidence from the person who was hit noted that 'the driver was not driving unreasonably’.

The applicant's representative was invited to elaborate on the application providing information about the background of the driving offence of which the applicant was accused, and his personal circumstances. He stated that he had pleaded guilty to the charge and accepted the seriousness of the situation – if he lost his licence, he would lose his job. He reiterated that he had been a hackney/private hire vehicle driver for over 15 years and had a clean driver's licence and had not received any complaints about his work.

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.

·      Reason: When an applicant for a hackney and private hire vehicle driver's licence has any criminal convictions or cautions, the application will be referred to the General Licensing Sub-committee for a decision. The task of the Sub-committee is to determine whether the applicant is a fit and proper person to hold a licence. In coming to that decision, the Sub-committee is required to consider Cyngor Gwynedd's Hackney Carriage and Private Hire Vehicle Licensing Policy. However, each application will be decided on its own merits where circumstances require the Sub-committee to deviate  ...  view the full minutes text for item 5.