Agenda and minutes
Venue: Siambr Hywel Dda, Council Offices, Caernarfon, Gwynedd. LL55 1SH
Contact: Lowri Haf Evans 01286 679 878
No. | Item |
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APOLOGIES To receive
any apologies for absence. Minutes: Apologies were
received from Councillor Angela Russell. Councillor W.
Gareth Roberts was welcomed as a new member to the General Licensing Committee. |
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DECLARATION OF PERSONAL INTEREST To receive
any declaration of personal interest. Minutes: No declarations of personal interest were received from any members present |
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URGENT ITEMS To note any
items that are a matter of urgency in the view of the Chairman for
consideration. Minutes: None to note |
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The Chairman shall propose that the minutes of the meeting of this Committee, held on 9th September 2019 be signed as a true record. Minutes: The Chair signed the minutes of a meeting of this Committee, that took place
on 9 September 2019, as a true record. |
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GENERAL LICENSING SUB-COMMITTEE MINUTES PDF 114 KB To submit, for information, minutes of the General Licensing Sub-committee meeting held on the following dates – a) 01.08.2019 b) 18.09.2019 c) 20.09.2019 d) 07.10.2019 Additional documents: Minutes: Accepted, for information, the minutes of the Sub-committee held on 1st of August 2019, 18 September 2019,
20 September 2019 and 7 October 2019 |
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DELEGATION OF POWERS TO DETERMINE APPLICATIONS FOR TAXI LICENCES. PDF 124 KB To consider the
report Minutes: A report was submitted by the Head of Environment requesting the Committee to support the principle of reviewing the current delegation scheme. It was explained that the Council, as a Licensing Authority had a duty under the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act
1976 to licence private hire and hackney
vehicle drivers, vehicles and operators.
It was added that the Licensing Authority was required to ensure that an individual
applying for a driver's/operator's licence, or applying for the renewal of such a licence, was a 'fit and proper' person to hold that licence.
Members were reminded that the main purpose of licensing vehicles, operators and drivers was to safeguard public health. This was the priority the Council considered when adopting a specific procedure to try and address this.
Attention was drawn to the Constitution's
wording that sets out a specific
procedure in terms of which decisions are delegated
to officers; and which decisions fall under the Sub-committee's responsibility together with the delegated rights given to the Head of Environment who authorises officers on his behalf. In discussing the current procedure, it was noted that the Sub-committee's decisions were resilient
as each applicant received a fair hearing. Every applicant was
given an opportunity to give the background to the crimes and the
Licensing Officer's report and recommendation as well as the evidence submitted
ensure that the Sub-committee has all the evidence and information necessary to
reach a decision. The applicant receives a full oral and written explanation of
the reasoning behind the decision by the Solicitor. Members’ attention was drawn
to the four initial options proposed by the Head of Environment. It was highlighted that the arrangement to
delegate decisions varied from Council to Council, but in terms of Gwynedd
Council it was outlined that the Sub-committee had an important role in
considering and reaching decisions regarding licences, but it seemed that the
challenge lies in defining the circumstances in which an application should be
referred to the Sub-committee. It was proposed and seconded to consider to review the current delegation plan and give the Licensing
Service the right, in consultation with the Legal Department to make further
enquiries into the initial options. Observations arising from the ensuing discussion: ·
It was accepted that some
applicants had to wait a long time for a decision ·
That some determinations were easy
to delegate. ·
That an unnecessary workload was being created by the current system. ·
That the Sub-committee was willing
to take the load rather than place too much responsibility on an officer. ·
It was time to modernise and review the procedure. ·
That conduct had to be considered if there was no
conviction. The Solicitor added that the wording of the options
in the report were too general and specific, definitive and detailed wording
was required for the final options. RESOLVED: ·
To accept the report · support the principle of ... view the full minutes text for item 6. |