To consider a report regarding a Hackney Carriage and Private Hire drivers licence.

Members considered a report that set out relevant facts relating to a holder of a Torbay Council issued dual Hackney Carriage and Private Hire drivers licence.  Members were requested to determine on the facts before them, whether or not the holder of the dual Hackney Carriage and Private Hire drivers licence remained a fit and proper person to hold such licence.

Members gave consideration to a request by the Respondent for oral representations be heard in private.  Members concluded that the meeting should proceed in public having determined that the public interest in disclosing the information outweighed the public interest in maintaining exempt information.

The Respondent addressed Members and responded to questions.

Decision:

That Mr Marconi’s Torbay Council Dual Hackney Carriage and Private Hire Drivers’ Licence be suspended for a period of 3 months or until such time within that 3 months, that Mr Marconi successfully undertakes a driver awareness course and provides written evidence of completion of the course to the Licensing Authority.

Should Mr Marconi fail to successfully undertake a driver awareness course and provided written evidence of completion of the course to the Licensing Authority by the 1^st November 2019, Mr Marconi drivers’ licence shall remain suspended until he has done so.

Reason 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 the Respondent alone.  An unequivocal and unanimous answer by Members to this question was ‘no’. 

Whilst Mr Marconi appeared to display genuine remorse for the matters in which he appeared before them, however in light of the seriousness of offence and the aggravating factor in not reporting the conviction to the Licensing Authority, as required and which Mr Marconi should have been aware of, Members determined on the evidence before them that a suspension was an appropriate determination.

It is anticipated that undertaking the course successfully and familiarising himself with Torbay Council’s Hackney Carriage and Private Hire Licensing Policy, Mr Marconi will become again a ‘fit and proper person’ to be a driver licensed by Torbay Council. However on the evidence before them when determining this decision, Members could not be satisfied that should Mr Marconi, when presented with similar circumstances, would not react in a similar manner to that resulting in the driving conviction he received in October 2018.

Members gave careful consideration to revoking Mr Marconi’s drivers licence but in noting his 10 years excellent record as a driver licensed by Torbay Council, up until this incident, the mitigation put forward by him surrounding the incident which led to the conviction, and that he was not carrying out his duty as a licensed driver at the time of the incident, they determined that successfully undertaking a driver awareness course to highlight the significant dangers of his action and thereby assist him to reconsider driving when in an extremely emotional state would alleviate any further risks.