Councillor Thomas (J) was elected as Chairman for the meeting.

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 6 July 2017.

The Minutes of the meeting of the Sub-Committee held on 6 July 2017 were confirmed as a correct record and signed by the Chairman.

Prior to consideration of the item in Minute 52 the press and public were formally excluded from the meeting on the grounds that the item involved the likely disclosure of exempt information as defined in paragraph 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

To consider a report that seeks a review of a Torbay Council Drivers’ Licence.

Members considered an exempt report that sought a review of a Torbay Council Drivers’ Licence.  The Principal Officer for Licensing and Public Protection requested that Members consider information relating to the conduct of the holder of a dual Hackney Carriage and Private Hire Drivers Licence.  Members were asked to determine on the facts laid before them, whether or not the licence holder continued to be regarded as a ‘fit and proper’ person to hold such a licence. 

The Principal Officer for Licensing and Public Protection informed Members of the process undertaken to inform the Respondent of this meeting of the Licensing Sub-Committee.  Upon receiving notification, the Respondent spoke with the Principal Officer for Licensing and Public Protection to seek a deferment of the hearing due to the Respondents Solicitor being unavailable.  The Respondent was advised that the hearing would not be deferred due to Public Interest and Public Safety and that if the Respondent wanted legal representation at the hearing, he would need to engage the services of another Solicitor. 

At the hearing the Senior Solicitor and Deputy Monitoring Officer sought confirmation of the Respondent’s conversation with the Principal Officer for Licensing and Public Protection. It was stated by the Respondent that he had received the papers in respect of this hearing on Saturday 22 July 2017, that he had gone to see his Solicitor on Monday 24July 2017 at about 9.30am and on being informed that his Solicitor was on holiday, he contacted Torbay Council on Tuesday 25 July 2017 at about 9.30am and left a message for someone to call him back and that the person he subsequently spoke to was the Principal Officer for Licensing and Public Protection. On hearing these submissions, the Senior Solicitor and Deputy Monitoring Officer asked the Respondent whether he had sought advice from another Solicitor. The Respondent stated that he had not as it would cost him money and had decided that he was happy to attend and represent himself. On this further submission, the Senior Solicitor and Deputy Monitoring Officer asked the Respondent if he was happy that the hearing went ahead without legal representation and the Respondent stated that he was.

Given that Respondent was legally unrepresented and that the matter was yet to be heard in the criminal courts, the Senior Solicitor and Deputy Monitoring Officer informed the Respondent of his right not to incriminate himself. In response to this, the Respondent replied okay.

The Respondent proceeded to outline the circumstances that had led to the complaint and responded to Members questions.

Decision

That the Respondents Torbay Council Driver's Licence be revoked in accordance with Section 61(1)(b) of the Local Government (Miscellaneous) Provision Act 1976 and that this revocation shall have immediate effect, in accordance with Section 61(2B) of the Local Government (Miscellaneous) Provision Act 1976.

Reason for Decision

Having carefully considered all the written and oral representations, Members resolved to revoke the Respondents Driver's Licence, as they could not be satisfied  ...  view the full minutes text for item 52.