Councillor Foster was elected as Chairwoman for the meeting.

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 1 May 2025.

The Minutes of the meeting of the Sub-Committee held on 1 May 2025 were confirmed as a correct record and signed by the Chairwoman.

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

Members considered a report that set out relevant facts relating to an application for a Torbay Council issued dual Hackney Carriage and Private Hire Driver’s Licence.

The Licensing Officer presented the report which set out information contained within the application that the Applicant had been convicted of drink driving on 2 May 2018 and that the Applicant had read the Taxi Policy which states at Section 6:

‘A licence will not normally be granted until at least seven years have passed since the completion of any sentence or driving ban following conviction for an offence shown below:

• Driving or being in charge of a vehicle while under the influence of drink’.

Members were requested to determine the application based on the facts before them, whether or not the applicant of the dual Hackney Carriage and Private Hire Driver’s Licence was a fit and proper person to hold such licence.

At the hearing, the Applicant addressed Members and responded to their questions.

Decision

That the application for a Torbay Council Dual Hackney Carriage and Private Hire Driver’s Licence be refused.

Reason for Decision

Having carefully considered the application and all the written and oral representations, Members unanimously resolved to refuse the application.

Members heard from the Licensing Officer that the Applicant had made the appropriate disclosure within their application, of a criminal conviction, confirmed within the Enhanced Disclosure and Barring Service (DBS) certificate showing that the Applicant held one conviction for the offence of driving a motor vehicle with excess alcohol resulting in a driving disqualification for 24 months.

Members were directed to the Taxi & Private Hire Vehicle Licensing Criminal Convictions Policy (the Policy), found at Appendix A of the Taxi Policy, which clearly states at paragraph 6.1 that

A Licence will not normally be granted until at least seven years have passed since the completion of any sentence or driving ban following conviction for an offence shown below:

• driving or being in charge of a vehicle while under the influence of drink

Furthermore, Members considered the Institute of Licensing Suitability Guidance 2024 at paragraph 4.51 which states:

“Where an applicant has a conviction for drink driving or driving under the influence of drugs or failing to provide a specimen in relation to a driving matter, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence or driving ban imposed”

Members noted the Applicant’s regret, remorse, and reflective manner before them, and their honesty in admitting that they were aware of the Taxi Policy and the requirement within the Convictions Policy that 7 years must elapse from the end of any disqualification before a licence can be held.  However, Members determined that as the Applicant could not satisfy the Policy requirements due to insufficient time having passed, that they were not a fit and proper person to hold a Torbay Council Drivers Licence. 

In coming to their decision, Members considered the Applicant’s submissions in relation to why they should depart from  ...  view the full minutes text for item 4.