To consider a report that reviews a Torbay Council Drivers’ Licence.

Members considered a report that sought a review a Torbay Council Drivers’ Licence.  The Principal Licensing Officer advised Members that the review follows receipt of a number penalty points received by Mr Ryan and a failure by Mr Ryan to report the latest endorsement to the Licensing Authority, as required by Torbay Council’s current Hackney Carriage (Taxi) & Private Hire Policy.

At the Hearing, Mr Ryan set out the circumstances to the conviction and explained that whilst he was aware of his conviction, he was unaware that he had received the penalty points.

Decision

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

Reason for Decision

Having carefully considered all the written and oral Representations, Members revolved to revoke Mr Ryan’s driver’s licence having unanimously voted that in their opinion, he did not ‘remain a fit and proper person’ to hold a Torbay Council Driver’s Licence.

In coming to that decision, Members applied the test set out in Appendix A, Section 1.2 at page 26 of Torbay Council’s current Hackney Carriage and Private Hire Licensing Policy. 

In addition, Members noted with great concern that the further incident and failure to notify the Licensing Authority of the additional conviction and associated penalty points had occurred despite Mr Ryan’s driver’s licence being previously suspended with specific requirements for him undertake The Royal Society for the Prevention of Accidents (RoSPA) Advance Driving Test and to read and familiarise himself with the Licensing Authority’s current Hackney Carriage and Private Hire Licensing Policy. 

Whilst Members considered the recent incident on its merits, it was reasonably expected by them that Mr Ryan’s should have been aware of his requirements to notify the Licensing Authority of any convictions and were very disappointed that he had again failed to do so.

In cementing their decision, Members could not be satisfied that a driver who currently had 11 penalty points on their licence, with the most recent points being added for what in their opinion was a further failure by Mr Ryan to pay due care and attention to road signs, which by his own admission that he did not see, ultimately resulting in the speeding conviction.  A conviction which Mr Ryan received only 10 months after completing the RoSPA Advanced Driving Test, causing Members to question Mr Ryan’s safety and competency as a professional Licensed Driver.

Members noted Mr Ryan’s submission in respect of the financial consequences he would suffer if he lost his Drivers’ Licence, but were very clear that such a consideration was not a material fact; but instead their primary consideration was one of public safety.

Members further concluded that Mr Ryan’s Drivers’ Licence should be revoked with immediate effect on the basis that Mr Ryan was a professional driver, who currently has 11 penalty points on his driver’s licence and had on a second occasion, been convicted for failing to pay due care and attention to road signs. This coupled with his failure to notify the Licensing Authority of the further conviction, in their opinion, placed Mr Ryan as a high risk to members of the public and other road users.