Venue: Siambr Hywel Dda, Council Offices, Caernarfon, Gwynedd. LL55 1SH
Contact: Lowri Haf Evans 01286 679878
No. | Item |
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APOLOGIES To receive
any apologies for absence. Minutes: None to note |
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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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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: 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 12
A, 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. |
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider
an application by Mr A (separate
copy for sub-committee members only) Minutes: a)
The
Chairman 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/private hire driver's
licence. The Sub-committee was
requested to consider the
application in accordance with the DBS record, and
the guidelines on relevant criminal
offences and convictions. The applicant was invited to expand on his application and provide
information about the background to the offences and his personal circumstances.
He explained that all the
incidents were from his past and that
he now had
a good relationship with his former partner and was working hard to support his children. The applicant withdrew from the room while members of the Sub-committee discussed the
application. b)
RESOLVED - that the applicant was not currently a fit and proper person to be issued
with a hackney vehicle/private hire driver's licence from Gwynedd Council. c)
In reaching its decision,
the Sub-committee considered
the following: ·
The requirements of the 'Gwynedd Council Licensing
Policy for Hackney Carriages
and Private Hire Vehicles' ·
the applicant's application form ·
verbal observations presented by the applicant during the hearing ·
the reference he received from his
prospective employer ·
the Licensing Department's
report along with the DBS statement The applicant was convicted at
Gwynedd Magistrates' Court in August 2012 for the offence of destruction to
property contrary to section 1 of the Criminal Damage Act 1971. He was ordered to
pay compensation of £300 and costs of £85. In December 2012, he
was found guilty by Gwynedd Magistrates' Court on two charges of battery.
He received a suspended sentence, a community order for 18 months and costs of
£200. In October 2013, the applicant was found guilty
of a failure to comply with the requirements of a Community Order contrary to
the requirements of the Criminal Justice Act 2003. He was
fined £50 and ordered to pay £50 costs. ch) Paragraph 2.2 of the Council's
Policy was considered. This states that a person convicted of a serious offence
need not be permanently barred from obtaining a licence, but should be expected
to be free from conviction for an appropriate period as stated in the Policy,
and to show evidence that he was a fit and proper person to hold a
licence. The applicant had a
responsibility to show that he is a fit and proper person. Paragraph 4.5 of ... view the full minutes text for item 5. |
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APPLICATION FOR A HACKNEY/PRIVATE HIRE LICENCE To consider an application by Mr B (separate copy for sub-committee members only) Minutes: a)
The
Chair welcomed everyone to
the meeting. He highlighted 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 their use of licensed vehicles. The Licensing Officer presented a written report on an application received
from Mr B for a hackney/private hire driver's
licence. The Sub-committee was
asked to consider the
application in accordance with the DBS record, and
the guidelines on relevant criminal
offences and convictions, and the report of the DVLA. The applicant was invited to expand on his application and provide
information about the background to the offences and his personal circumstances.
He gave a full explanation
of the penalty points on his licence. His employer noted that the convictions in 1991 and
1998 had been given full consideration at a previous sub-committee, at which time the applicant's licence application had
been approved. He reiterated
that the applicant was a good driver and he praised his work. The applicant and his employer withdrew from the room while the Sub-committee members discussed the application. b)
RESOLVED - that the applicant was a fit and proper person to be issued with
a hackney vehicle/private hire driver's
licence from Gwynedd Council. c)
In reaching its decision,
the Sub-committee considered
the following: ·
The requirements of the 'Gwynedd Council Licensing
Policy for Hackney Carriages
and Private Hire Vehicles' ·
the applicant's application form ·
verbal observations presented by the applicant during the hearing ·
verbal observations presented by the applicant's employer during the hearing ·
the Licensing Department's report along with the DBS statement and the applicant's driving licence
report provided by the DVLA. The applicant was convicted by Mold Crown Court in April 1991 for causing injury to a person contrary to Section 47 of the Offences Against the Person Act 1861. He received a community order of 100 hours and was ordered to pay £100 in compensation and £124 in costs. In October 1998 he was convicted at Bangor Magistrates Court of stealing from his employer contrary to the the Theft Act 1968. He received a £350 fine and was ordered to pay £30 costs. In June 2015, Gwynedd Council claimed that he had operated as a hackney driver without a current licence (an offence that was contrary to section 47 of the Town Police Clauses Act 1847). It was also claimed that he did not have a reasonable excuse for not presenting his hackney carriage driver's licence when requested to do so by an authorised officer ... view the full minutes text for item 6. |