To elect a Chair for the meeting.

Councillor Foster was elected as Chair for the meeting.

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 5 March 2026.

The Minutes of the meeting of the Sub-Committee held on 5 March 2026 were confirmed as a correct record and signed by the Chair.

To consider passing a resolution to exclude the press and public from the meeting prior to consideration of the following item on the agenda on the grounds that exempt information (as defined in Schedule 12A of the Local Government Act 1972 (as amended)) is likely to be disclosed.

Prior to consideration of the items in Minute 46-48, 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 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

To consider a report of the fit and proper status of a Driver licensed by Torbay Council.

Members considered a report on the fit and proper status of the holder of a Torbay Council issued dual Hackney Carriage and Private Hire Driver’s Licence. The Licensing Officer presented the report which set out information that a holder of a Torbay Council issued dual Hackney Carriage and Private Hire Driver’s Licence had been found guilty of a speeding offence on 7 December 2024 with 3 points awarded, had been found guilty of a speeding offence on 15 September 2025 with 3 points awarded, and had been found guilty of a speeding offence on 18 September 2025 with 3 points awarded which brought the total number of points on the driver’s licence to 9.

Members received oral representations from the Respondent.

Decision:

In respect of the Torbay Council Drivers License, that the Respondent be formally warned in writing and that this warning shall remain in situ for a period of 3 years and that should any further issues of concern arise within that 3 year period which requires the Respondent to appear again before a Regulatory Committee, Members of that Committee shall be made aware of this written warning.

In addition, that the Respondent also read and familiarises himself with the contents of Torbay Council’s Hackney Carriage (Taxi) and Private Hire Policy, as issued to him and that he keeps a copy of the said Policy in the licensed vehicle at all times when on duty as a licensed driver for future reference.

There is no separate penalty in respect of the Hackney Carriage Vehicle Proprietors License.

Reasons for Decision:

In reaching their decision, Members carefully considered whether they would allow their son or daughter, spouse or partner, mother or father, grandson or granddaughter, or any other person for whom they care, or any vulnerable person known to them, to travel alone in a vehicle driven by the Respondent.  The answer to this question, on the balance of probabilities, was ‘yes’.

Members were tasked with determining whether the Respondent remained a fit and proper person to hold a Torbay Council Hackney Carriage Driver’s Licence and Hackney Carriage Vehicle Proprietor Licence.  In doing so, Members considered his conduct, character, and compliance with Torbay Council’s Taxi and Private Hire Licensing Policy, as well as relevant statutory provisions, standards and guidance. 

Members found the Respondent’s oral submission to be honest and it was evident that he recognised the seriousness of being a professional driver with 9 points on his DVLA Licence.  The Respondent detailed the circumstances behind each of the offences, two of which being within 4 days of each other at a new speed camera on the A383 Ashburton Road.  He was not aware of the first when he got the second with speed limit having reduced from 40 mph to 30 mph. it was a new school run and he was not aware of the change in speed limit and had not intentionally sped but he admitted to his mistake and apologised to Members.  In relation to the recent over ranking,  ...  view the full minutes text for item 46.

To consider a report of the fit and proper status of a Driver licensed by Torbay Council.

Members considered a report on the fit and proper status of the holder of a Torbay Council issued Driver’s Licence.  The Licensing Officer presented the report which set out information detailing complaints related to the behaviour of the holder of a Torbay Council issued Driver’s Licence.

The Respondent was accompanied at the Hearing by an associate and Members received oral representations from the Respondent.

Decision:

That the Respondents Torbay Council Driver’s Licence be suspended for a period of two months, in accordance with Section 61(1)(b) of the Local Government (Miscellaneous) Provisions Act 1976 and that this suspension shall have immediate effect, in accordance with Section 61(2B) of the Local Government Miscellaneous Provisions Act 1976.

In addition:

1)       During the period of suspension, the Respondent must undertake and successfully complete a Devon Mind Anger Management Course or equivalent, and produce written evidence to that effect to Torbay Council’s Licensing Department; and

2) that while suspended, the Respondent also read and familiarises himself with the contents of Torbay Council’s Hackney Carriage (Taxi) and Private Hire Policy, as issued to him and that he keeps a copy of the said Policy in the licensed vehicle at all times when on duty as a licensed driver for future reference.

Reasons for Decision:

Members were tasked with determining whether the Respondent remained a fit and proper person to hold a Torbay Council Drivers License in light of the complaint lodged against the Respondent in relation to verbal abuse of a couple of Civil Enforcement Officers and an allegation of aggressive driving.  In doing so, Members considered his conduct, character, and compliance with Torbay Council’s Taxi and Private Hire Licensing Policy, as well as relevant statutory provisions, standards and guidance. 

The Respondent’s oral submission was honest and recognised the seriousness of the incidents which gave rise to the complaints against him.  He said he was embarrassed to be before them and apologised for it being necessary.  Members noted that the Respondent accepted responsibility for his actions and showed contrition for the incident involving abuse of the Civil Enforcement Officers, and had apologised to the Officers concerned and also to their Manager.  The Respondent explained that he worked six days a week and was under constant financial pressure and needed to earn a certain amount of money each shift, so receiving a penalty notice was not a good start to that night but did not excuse his behaviour and accepts he over-stepped the mark that night.  Members further noted that the Respondent had clearly taken time to reflect on the incidents, appreciated their gravity and had investigated proactive measures to prevent future recurrences, even offering to attend a behaviour management course when he could afford to pay for it.  Members accepted that the matters under consideration were isolated incidents, and did not reflect a pattern of behaviour which might suggest that the Respondent was not a ‘fit and proper person’ to hold a license.

For the aggressive driving complaint, he explained that a car had pulled out  ...  view the full minutes text for item 47.

To consider a report of the fit and proper status of a Driver licensed by Torbay Council.

Members considered a report on the fit and proper status of the holder of a Torbay Council issued Driver’s Licence, Hackney Carriage Vehicle Proprietor Licence and Private Hire Operator Licence.  The Licensing Officer presented the report which set out information detailing potential breaches of the Hackney Carriage (Taxi) and Private Hire Policy and complaints related to the behaviour of the holder of a Torbay Council issued Driver’s Licence, Hackney Carriage Vehicle Proprietor Licence and Private Hire Operator Licence.

Members received oral representations from the Respondent.

Decision

That the Respondent’s Torbay Council dual Hackney Carriage and Private Hire Drivers’ 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.

Secondly, in relation to the Private Hire Operators Licence, the licence shall be revoked in accordance with Section 62(1)(d) of the Local Government Miscellaneous Provisions Act 1976. 

Reasons for Decision

Having carefully considered all the written and oral representations, Members resolved to revoke the Respondents dual Hackney Carriage and Private Vehicle Drivers Licence and Private Hire Operators Licence having been satisfied that on the balance of probability the Respondent was not a fit and proper person to hold such licenses, and in light of the evidence before them such a decision was reasonable and proportionate.

In coming to their decision, Members carefully considered, having been charged with the responsibility to determine the Respondent’s suitability to continue holding either  of the licences issued by Torbay Council considered the test set out in Paragraph 1.5 of Appendix A of the Taxi Policy, whether they would allow their son or daughter, spouse or partner, mother or father, grandson or granddaughter or any other person for whom they care, or any other vulnerable person known to them, to get into a vehicle with the Respondent alone.  Members unanimously and unequivocally answered “no". 

Members felt that the Respondent had not complied with the following guidance or policy from the Department of Transport Statutory taxi and private hire vehicle standards paragraph 5.4; or from recognised legal text Button on Taxis 5^th Edition paragraph 8.235; or the Institute of Licensing Suitability Guidance paragraphs 3.29 and 3.35, his behaviour overall was not as expected under the Taxi Policy Appendix A paragraph 1.1 and Appendix B paragraph 1, and there was potential contraventions of Hackney Carriages and Public Hire Vehicles Byelaws

Members were concerned at the number of separate issues which were bought to their attention such as behaviour towards Civil Enforcement Officers, speeding, transfer of licenced vehicle to another person, and also lending a licence vehicle to a family member, and were concerned that these displayed a pattern of behaviour not befitting of a licensed professional.  The Respondent’s comments and conduct demonstrated a lack of self-awareness and responsibility for his actions. 

Members noted specifically that there was a complete lack of contrition in relation to the incident involving abuse of Civil  ...  view the full minutes text for item 48.