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 is relevant as the report includes information about specific individuals who have the right to privacy. There is no public interest that calls for disclosing personal information about these individuals which would outweigh their rights. 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.

a)    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 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. 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 background of the convictions and his personal circumstances. The applicant explained that the incidents recorded on the DBS were historical and that he now had a family and was an experienced HGV and PSV driver. His intention was to establish a business for his sons.

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

c)    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 applicant's medical certificate

·         the Licensing Department's report and the DBS statement

·         the applicant's verbal representations

ch) Specific consideration was given to the following matters

In May 1991 the applicant was found guilty by Bangor Magistrates Court for a charge of criminal damage (contrary to s1 of the Criminal Damages Act 1971), obtaining money through deception (contrary to s15 of the Theft Act 1968) and theft (contrary to s1 of the Theft Act 1968). He received total fines of £275, and was ordered to pay £53.00 in damages and costs of £15 for obtaining money through deception.

In December 1991, the applicant received a conviction from Caernarfon Magistrates' Court for a charge of criminal damage contrary to s1 of the Criminal Damage Act 1971. He received a fine of £100 and was ordered to pay damages of £276.91.

In May 1998, the applicant was found guilty by Caernarfon Magistrates Court on a charge of serious / aggravated burglary contrary to s10 of the Theft Act 1968. The applicant received a three year prison sentence.

In August 2000, the applicant was found guilty by Aberconwy Magistrates' Court of failure to provide a test sample contrary to s7 of the Road Traffic Act 1988.  He received a fine of £200, an order to pay costs of £35 and was disqualified from driving for 20 months with an option to reduce the penalty period  ...  view the full minutes text for item 5.