Councillor Foster was elected as Chairwoman for the meeting.

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 4, 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 an exempt report on the fit and proper status of an applicant who seeks to hold a Torbay Council Driver’s Licence.

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 two offences of harassment without violence under section 2 of the Protection from Harassment Act 1997.  Furthermore, that the dual Hackney Carriage and Private Hire Driver’s Licence Holder had failed to meet specific requirements as set out in the current Taxi Policy 2022, by virtue of having failed to notify the Licensing Department of a court summons issued in December 2024, in respect of two offences of harassment without violence under section 2 of the Protection from Harassment Act 1997.

Members also received oral representations from the Respondent at the Hearing.

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.

On the separate issue of the Hackney Carriage Vehicle Proprietor Licence, that the Respondent, notwithstanding his convictions, can continue to hold such a licence subject to all other requirements being met. 

Reasons for Decision: 

As the Applicant failed to arrive for the hearing, Members made an initial determination as to whether the hearing should proceed in his absence. The Licensing Officer confirmed that the Respondent had been made aware of the hearing and had confirmed verbally that he would be attending.  Having made 4 attempts to call him and waiting for 5 minutes to pass in case he was simply running late, Members agreed that the Hearing would proceed in the absence of the Respondent, having been satisfied upon hearing from the Licensing Officer that the Respondent was aware of the date, time, and location of the Hearing. Further that correspondence had set out that the Hearing would go ahead in his absence, and that attempts to contact the Respondent by telephone had been made. 

At 10.00 hours, 25 minutes after the Hearing had commenced the Licensing Officer received a phone call from the Respondent who advised he had overslept and would be at the Hearing shortly.  Following advice from the Legal Advisor, Members determined unanimously that whilst the reason for the late attendance was weak it was in the public interest, and in the interests of natural justice to restart the Hearing with the Respondent present. 

In coming to their 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  ...  view the full minutes text for item 7.