To elect a Chair for the meeting.

Councillor Barbara Lewis was elected as Chair 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 11-14, 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 and Private Hire Vehicle Proprietor’s Licence.

The Licensing Officer presented the report which set out information that the holder of a Torbay Council issued Driver’s Licence had been found guilty of a speeding offence on 24 September 2023 with 3 points awarded, had been found guilty of failing to comply with traffic light signals on 19 May 2024 with 3 points awarded, and had been found guilty of a speeding offence on 14 September 2025 with 3 points awarded, bringing the total number of points on the driver’s licence to 9.  Members also noted that the Respondent had failed to notify the Licensing Authority of two of the offences and had failed to report the third offence within the required timescale.

Members received oral representations from the Respondent

Decision:

That the Respondents Torbay Council Driver’s Licence be suspended for a period of three 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.

During the period of suspension, the Respondent must undertake and successfully complete a RoSPA Level 2 Award in Advanced Driving, or similar, and produce written evidence to that effect to Torbay Council’s Licensing Department; and

Should the Respondent successfully complete the required courses within a shorter period from the date of suspension and produce sufficient evidence to that effect, the suspension will cease on written confirmation to the Respondent from Torbay Council’s Licensing Department.

No action will be taken in respect of the Hackney Carriage Vehicle Proprietor License

Reasons for Decision

Members were required to determine whether the Respondent remained a fit and proper person to hold a Torbay Council Driver’s Licence.  In doing so, they considered the Respondent’s driving record, compliance with licence conditions, relevant policy and guidance, and the oral evidence presented at the hearing.

Members noted that the Respondent had accumulated nine penalty points on their DVLA licence for three separate motoring offences whilst holding a Torbay Council Driver’s Licence.  Whilst Members accepted that the offences were not deliberate and that each offence, taken individually, was relatively minor, they were concerned by the pattern of repeated offending by a professional driver.

Members also considered the Respondent’s failure to notify the Licensing Authority of the offences in accordance with the conditions attached to the Driver’s Licence.  Two offences were not reported and the third was reported approximately six months after it occurred, rather than within the required 48-hour period.  Members were further concerned that the Respondent had incorrectly declared on their licence renewal application that they had no convictions.

The Respondent accepted full responsibility for their actions and did not seek to excuse either the offences or the failure to notify the Licensing Authority and explained they were in the midst of a  ...  view the full minutes text for item 11.

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 and Private Hire Vehicle Proprietor’s Licence.

The Licensing Officer presented the report which set out information that the holder of a Torbay Council issued Driver’s Licence had been found guilty of a speeding offence on 14 February 2024 with 3 points awarded, had been found guilty of a speeding offence on 1 January 2026 with 3 points awarded, and had been found guilty of a speeding offence on 19 February 2026 with 3 points awarded, bringing the total number of points on the driver’s licence to 9.  Members also noted that not all of the offences had been reported to the Licensing Authority in accordance with the conditions attached to the Driver’s Licence.

Members received oral representations from the Respondent.

Decision:

That the Respondents Torbay Council Driver’s Licence be suspended for a period of three 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.

During the period of suspension, the Respondent must undertake and successfully complete a RoSPA Level 2 Award in Advanced Driving, or similar, and produce written evidence to that effect to Torbay Council’s Licensing Department; and

Should the Respondent successfully complete the required course within a shorter period from the date of suspension and produce sufficient evidence to that effect, the suspension will cease on written confirmation to the Respondent from Torbay Council’s Licensing Department; and

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

No action will be taken in respect of the Hackney Carriage Vehicle Proprietor License

Reasons for Decision

Members were required to determine whether the Respondent remained a fit and proper person to hold a Torbay Council Driver’s Licence.  In doing so, they considered the Respondent’s driving record, compliance with licence conditions, relevant policy and guidance, and the oral evidence presented at the hearing.

Members noted that the Respondent had accumulated nine penalty points on their DVLA licence for three separate speeding offences whilst holding a Torbay Council Driver’s Licence.  Whilst each offence was relatively minor in isolation, Members were concerned that all three offences related to exceeding the speed limit and demonstrated a repeated failure to meet the standard expected of a professional driver.  Members also noted that two of the offences occurred within six weeks of each other.

The Respondent apologised to Members for the need to be here and was embarrassed by the whole situation.  They accepted full responsibility for the offences and Members found them to be open, honest and genuinely apologetic throughout the hearing.  The  ...  view the full minutes text for item 12.

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 and Hackney Carriage Vehicle Proprietor’s Licence.

The Licensing Officer presented the report which set out information that the Respondent had failed to comply with Torbay Council Hackney Carriage Byelaws and Road Traffic Orders by over-ranking and illegally parking whilst waiting for a space on the Vaughan Road taxi rank.  Members noted that CCTV evidence showed the Respondent waiting in contravention of the Byelaws on 8 March 2026 and on two further occasions on 20 June 2026, despite having previously received a warning from the Licensing Authority.

Members received oral representations from the Respondent

Decision

That the Respondents Torbay Council Driver’s Licence be suspended for a period of one month, 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.

No action will be taken in respect of the Hackney Carriage Vehicle Proprietor License

Reasons for decision

Members were required to determine whether the Respondent remained a fit and proper person to hold a Torbay Council Driver’s Licence.  In doing so, they considered the evidence before them, the relevant legislation, Torbay Council’s Taxi Policy, the Hackney Carriage Byelaws and the Statutory Taxi and Private Hire Vehicle Standards.

Members noted that the Respondent had held a Torbay Council Driver’s Licence since 2015 and had been consulted, along with the wider trade, regarding the introduction of the permanent three-vehicle taxi rank at Vaughan Road.  Members further noted that all licensed drivers had received several communications regarding over-ranking, illegal parking, the requirements of Byelaw 8(b) of the Byelaws in respect of Hackney Carriage and Private Hire Vehicles, and the potential for enforcement action.

Members heard evidence that the Respondent was identified by CCTV as being illegally parked and over-ranking on 28 March 2026 and was subsequently issued with a warning by the Licensing Authority.  Further CCTV footage from 20 June 2026 showed the Respondent over-ranking on two separate occasions during the same night, despite the previous warning having been issued.

The Respondent accepted that the incidents had occurred and explained that it had been a quiet night, that space was limited, and that waiting elsewhere would reduce the opportunity to obtain fares.  The Respondent also mentioned that there was a problem with three to four private hire vehicles parked up on the ranks, meaning they could not proceed onto another rank as it was full.

Members accepted that the Respondent was candid in admitting the conduct. However, they did not accept that these circumstances justified failing to comply with the Hackney Carriage Byelaws.  Members noted that the requirements of the Byelaws are clear and apply regardless of whether the night is busy or quiet.

Members were particularly concerned that the Respondent chose to continue waiting outside the rank rather than proceed to another available  ...  view the full minutes text for item 13.

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 and two Hackney Carriage Vehicle Proprietor’s Licences.

The Licensing Officer presented the report which set out information that the Respondent had failed to comply with Torbay Council Hackney Carriage Byelaws and Road Traffic Orders by over-ranking and waiting for a fare whilst the Vaughan Road taxi rank was full.  Members noted that CCTV evidence showed the Respondent over-ranking on 8 March 2026, for which a warning was subsequently issued, and again on 20 June 2026.  Members further noted the Respondent’s previous licensing history and warning letters issued by the Licensing Authority.

Members received oral representations from the Respondent.

Decision

That the Respondents Torbay Council Driver’s Licence be suspended for a period of one month, 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.

No action will be taken in respect of the Hackney Carriage Vehicle Proprietor Licence.

Reasons for Decision

Members were required to determine whether the Respondent remained a fit and proper person to hold a Torbay Council Driver's Licence.  In doing so, they considered the evidence before them, the relevant legislation, Torbay Council's Taxi Policy, the Hackney Carriage and Private Hire Vehicles Byelaws and the Statutory Taxi and Private Hire Vehicle Standards.

The Respondent, who was unaccompanied, informed the Sub-Committee that English was not his first language.  However, when asked by the Chair if he required an interpreter, he confirmed that he was happy to proceed without.

Members noted that the Respondent had held a Torbay Council Driver's Licence since 2012 and had received a number of communications regarding the Vaughan Road taxi rank, raising concerns surrounding over-ranking and illegal parking, and setting out the requirements of Byelaw 8(b) of the Hackney Carriage and Private Hire Vehicles Byelaws.  Additionally, that the Respondent had previously received a warning following CCTV evidence of over-ranking and illegal parking on 8 March 2026.

Members accepted that the Respondent's vehicle was parked in a location which may reasonably have appeared to be private land.  However, Members also noted that the Respondent accepted that he was waiting for a fare and was therefore plying for hire at the time.  Members concluded that, irrespective of whether the location was believed to be private land or adopted highway, the Respondent should not have been waiting there whilst the rank was full and should instead have proceeded to another available rank in accordance with the Byelaws.

The Respondent acknowledged an understanding of the rules relating to over-ranking and eventually accepted that he should have moved to another rank and apologised for his actions, having firstly said that he was not parked on the highway and was on his phone.  The Respondent agreed that he had received all the emails regarding the rank and over ranking but  ...  view the full minutes text for item 14.