To consider whether the holder of a Torbay Council issued Driver’s licence remains a ‘fit and proper person to hold such a 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 Driver’s Licence.  Members were requested to determine the facts before them, whether or not the holder of the dual Hackney Carriage and Private Hire Driver’s Licence remained a fit and proper person to hold such licence.

The Respondent addressed Members and responded to questions.

Decision:

That Mr Setters’ 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.

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 Setters alone.  An unequivocal and unanimous answer by Members to this question, was ‘no’.

Notwithstanding the mitigating explanations presented by Mr Setters, Members were concerned that having only been issued with his Torbay Council Drivers Licence on 14 July 2021, Mr Setters was before the Licensing Sub-Committee in relation to four notifications for speeding, an alleged sexual act within a licensed vehicle witnessed by minors, and a road traffic accident which resulted in the licensed vehicle turning over in a lane near Ipplepen, with injuries being sustained by the passengers. 

Members had regard to the fact that, at the hearing, Mr Setters accepted committing the four speeding offences and confirmed that he had been contacted by DVLA the day before the hearing where he had been informed that he had received 9 penalty points for the offences, together with a requirement to undertake a speed awareness course.  It was of concern to Members that Mr Setter submitted that had he been made aware of the first speeding offence before the others, he would have been alerted to the presence of the camera and would not have been caught on a further three occasions by the same camera.

In relation to the report received from the member of public having witnessed a sexual act within the licensed vehicle, whilst passing with a minibus full of minors, Members considered the conflicting submissions and found Mr Setters not to be believable in his account that a medical examination was being undertaken by a female friend to address a pressing health concern.

In any event, Members were not satisfied that a reasonable person would consider parking in a public place, late at night, and partially undressing to the point of exposing their genitals close to a campsite used by young persons and determined that this was not the behaviour expected from a professional licenced driver, or an appropriate use of a licensed vehicle and demonstrated exceptionally poor judgment.  ...  view the full minutes text for item 33