Councillor Ellery was elected as Chairman for the meeting.

To receive apologies for absence, including notifications of any changes to the membership of the Sub-Committee.

None

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 11 August 2022.

The Minutes of the meeting of the Sub-Committee held on 11 August 2022 were confirmed as a correct record and signed by the Chairman.

None.

To consider a report on the fit and proper status of the holder of a dual Hackney Carriage and Private Hire Drivers’ Licence.

Members considered a report on the fit and proper status of the holder of a dual Hackney Carriage and Private Hire Driver’s Licence.  The Licensing Officer started to present his exempt report to Members. 

Following a request from the respondent, the Chairman agreed to extend the normal time allowed for oral representations from 10 minutes to 30 minutes for all interested parties in light of the additional information which was circulated on 26 September 2022.

The Licensing Officer presented his initial report that details five separate complaints within the last four months received by Torbay Council’s Licensing Department regarding the respondent, who holds a Torbay Council dual drivers’ licence.  The complaints relate specifically to the respondent losing his temper, aggression and driving standards.

Decision:

That Mr Savva’s Torbay Council Driver’s Licence be suspended for a period of three months, in accordance with Section 61(1)(b) of the Local Government (Miscellaneous) Provisions Act 1976 and that this suspension shall have immediate effect, in accordance with Section 61(2B) of the Local Government Miscellaneous Provisions Act 1976. 

During the period of suspension, Mr Savva must undertake and successfully complete an anger management course by an accredited provider and an advanced RoSPA drivers’ course and produce written evidence to that effect to Torbay Council’s Licensing Department. 

Failure to do so will result in Mr Savva’s Torbay Council Driver’s Licence being revoked with immediate effect from the date the suspension expires.

Should Mr Savva successfully complete the required courses within a shorter period from the date of suspension and produce sufficient evidence to that effect, the suspension will cease on written confirmation to Mr Savva from Torbay Council’s Licensing Department.

Members determined, having considered all the evidence before them, that the suspension should have immediate effect, in the interest of public and customer safety, having determined his current state, that Mr Savva was not a fit and proper person to hold a Torbay Council’s driver’s licence. 

Reasons for Decision:

In coming to that decision, Members carefully considered having been charged with the responsibility to determine the drivers’ licence, whether they would allow their son or daughter, spouse or partner, mother or father, grandson or granddaughter or any other person to whom they care, or any other vulnerable person known to them to get into a vehicle with Mr Savva alone.  An unequivocal and unanimous answer by Members to this question, was ‘no’.

Members were concerned to hear of 6 complaints received by the Licensing Department over a 3-month period, 5 relating to incidents of unprofessional conduct and one in respect of a vehicle collision, all of which had occurred whilst Mr Savva was on duty as a driver licensed by Torbay Council. Further, that there had been a subsequent failure to inform the Licensing Authority of the damage sustained to the licensed vehicle within 72 hours, as required by Torbay Council’s Taxi Policy.

Members carefully considered the written submissions of the complainants, the video footage showed by the Licensing Officer relating to the incidents on 18  ...  view the full minutes text for item 35.