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 that sought a review of a Torbay Council Dual Hackney Carriage and Private Hire Driver’s Licence.  The Licensing Officer advised Members that Mr Calderbank had failed to meet specific requirements as set out in the Hackney Carriage and Private Hire Licensing Policy 2018, following a conviction of common assault and beating of an emergency worker.

At the hearing, Mr Calderbank set out the circumstances which led to him being convicted of common assault and beating of an emergency worker and responded to questions from Members.

Decision

That Mr Calderbank be formally warned in writing and that this warning shall remain in situ for a period of 18 months and that should any further issues of concern arise within that 18 month period which requires Mr Calderbank to appear again before a Licensing Committee, Members of that Committee shall be made aware of this written warning.

Reasons for Decision

In coming to that decision, Members carefully considered having been charged with the responsibility to determine Mr Calderbank’s 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.  The majority answer by Members to this question, was ‘yes’. 

Members take a dim view of any assault, especially those on emergency services personnel when carrying out their duties and gave serious consideration to suspending Mr Calderbank’s drivers’ licence. However, in this instance, Members noted the circumstances surrounding the incident itself which led to this assault taking place, the genuine remorse demonstrated by Mr Calderbank, the lapse in time between the offence and subsequent conviction and that during this period, Mr Calderbank had continued to operate as licenced driver without any other complaints or incidents of concern. 

Taking all of the above into consideration, Members resolved to depart from Torbay Council’s Hackney Carriage and Private Hire Policy believing it to be reasonable and proportionate, in this instance but determined that the warning should remain in situ for 18 months to act as a reminder to Mr Calderbank of future conduct and reflect the seriousness of how Members view assaults on emergency services personnel.