To elect a Chair for the meeting.

Councillor Barbara Lewis was elected as Chair for the meeting.

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 18 June and 23 July 2026.

The Minutes of the meetings of the Sub-Committee held on 18 June 2026 and 23 July 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 18, 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 Hackney Carriage 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 accumulated 9 DVLA penalty points arising from three speeding offences, two of which occurred on 20 July 2023 and one on 11 October 2025.  Members also noted that the Respondent had failed to notify the Licensing Authority of any of the offences in accordance with the conditions attached to his licence and had declared on a renewal application that he had no convictions.

Members received oral representations from the Respondent.

Decision

That the Respondent be formally warned in writing and that this warning shall remain in situ for a period of three years and that should any further issues of concern arise within that three-year period which requires the Respondent to appear before a Regulatory Sub-Committee, Members of that Sub-Committee shall be made aware of this written warning.

In addition:

1. Within three months of this decision the Respondent shall successfully undertake a RoSPA Defensive Driving Level 2 course and provide written evidence of successful completion to Torbay Council's Licensing Department; and

2. The Respondent shall read and familiarise himself with the contents of Torbay Council's Hackney Carriage (Taxi) and Private Hire Policy and keep a copy of the Policy in the Licensed vehicle at all times when on duty as a Licensed Driver.

No action shall be taken in respect of the Respondent's Hackney Carriage Vehicle Proprietor's Licence.

Reasons for Decision

Having carefully considered all the written and oral representations before them, Torbay Council’s Taxi Policy, Statutory Guidance, Institute of Licensing (IoL) Guidance and Button on Taxis, Members resolved that the appropriate and proportionate sanction was to issue the Respondent with a formal written warning together with a requirement to successfully complete a RoSPA Defensive Driving Level 2 course and to familiarise himself with Torbay Council's Hackney Carriage and Private Hire Licensing Policy.

In reaching their decision, Members were mindful that their primary responsibility was the protection of the travelling public and to determine whether the Respondent remained a fit and proper person to continue to hold a Torbay Council Driver's Licence.  Members considered the statutory test and carefully reflected upon whether they would permit a person for whom they care, or a vulnerable person known to them, to travel alone in a vehicle driven by the Respondent.  Members concluded that, notwithstanding the issues that had brought the matter before them, the Respondent remained a fit and proper person to hold a Licence.

Members noted that the Respondent had accumulated nine DVLA penalty points arising from three speeding offences and had failed to notify the Licensing Authority of any of those endorsements as required by the conditions attached to his Driver's Licence and Torbay Council's Taxi Policy. 

Members also noted that during his licence renewal application  ...  view the full minutes text for item 18.

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 holder of a Torbay Council issued Driver’s Licence had accumulated 9 DVLA penalty points arising from a conviction for failing to comply with traffic light signals on 2 September 2024 and two speeding offences committed on 16 April 2025 and 1 June 2026. 

Members also noted that whilst the Respondent had reported the traffic signal offence and the most recent speeding offence, he had failed to notify the Licensing Authority of the speeding offence committed on 16 April 2025.

Members received oral representations from the Respondent and a supporter on his behalf.

Decision

That the Respondent be formally warned in writing and that this warning shall remain in situ for a period of three years and that should any further issues of concern arise within that three-year period which requires the Respondent to appear before a Regulatory Sub-Committee, Members of that Sub-Committee shall be made aware of this written warning.

In addition:

1. Within three months the Respondent shall successfully undertake a RoSPA Defensive Driving Level 2 course and provide written evidence of successful completion to Torbay Council's Licensing Department; and

2. The Respondent shall read and familiarise himself with the contents of Torbay Council's Hackney Carriage (Taxi) and Private Hire Policy and keep a copy of the Policy in the Licensed vehicle at all times when on duty as a Licensed Driver.

No action shall be taken in respect of the Respondent's Hackney Carriage Vehicle Proprietor's Licence.

Reasons for Decision

Having carefully considered all the written and oral representations before them, as well as the Taxi Policy, Statutory Guidance, IoL Guidance and Button on Taxi’s.  Members resolved that the appropriate and proportionate sanction was to issue the Respondent with a formal written warning together with a requirement to successfully complete a RoSPA Defensive Driving Level 2 course and to familiarise himself with Torbay Council’s Hackney Carriage and Private Hire Licensing Policy.

In reaching their decision, Members were mindful that their overriding responsibility was the protection of the travelling public and to determine whether the Respondent remained a fit and proper person to continue to hold a Torbay Council Driver’s Licence.  Members carefully considered the statutory fit and proper person test and whether they would allow a person for whom they care, or any vulnerable person, to travel alone in a vehicle driven by the Respondent.  Members were satisfied that the Respondent remained a fit and proper person to continue holding his Driver’s Licence.

Members noted that the Respondent had accumulated nine DVLA penalty points arising from three separate motoring offences, and noted that whilst the Respondent had properly notified the Licensing Authority of the traffic signal offence and the most recent speeding offence, he had failed to notify the Licensing Authority of the speeding offence committed on  ...  view the full minutes text for item 19.

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 accumulated 9 DVLA penalty points arising from three separate speeding offences committed on 2 April 2024, 1 January 2026 and 8 May 2026.  Members also noted that the Respondent had failed to notify the Licensing Authority of any of the offences and had failed to provide a DVLA check code following repeated requests from Licensing Officers, resulting in his Driver’s Licence being suspended with immediate effect until the information was provided.

Members received oral representations from the Respondent.

Decision

That the Respondents Torbay Council Driver’s Licence be suspended for a period of three months taking effect following the statutory 21-day period, in accordance with Section 61(1)(b) of the Local Government (Miscellaneous) Provisions Act 1976.

In addition,

1.         Within three months the Respondent shall successfully undertake a RoSPA Defensive Driving Level 2 course, and produce written evidence of successful completion to Torbay Council’s Licensing Department; and

2.         That the Respondent shall also read and familiarises himself with the contents of Torbay Council’s Hackney Carriage (Taxi) and Private Hire Policyand that keep a copy of the 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 Private Hire Vehicle Proprietor Licence.

Reasons for Decision

Having carefully considered all the written and oral representations before them, and the Taxi Policy, Statutory Guidance, IoL Guidance and Button on Taxi’s.  Members resolved that the appropriate and proportionate sanction was to suspend the Respondent’s Torbay Council Driver’s Licence for a period of three months, together with a requirement to successfully complete a RoSPA Defensive Driving Level 2 course and to familiarise himself with Torbay Council’s Hackney Carriage and Private Hire Licensing Policy.

In reaching their decision, Members were mindful that their primary responsibility was the protection of the travelling public and to determine whether the Respondent remained a fit and proper person to hold a Torbay Council Driver’s Licence.  Members carefully considered whether they would permit a person for whom they care, or any vulnerable person, to travel alone in a vehicle driven by the Respondent.  Whilst Members did not conclude that the Respondent should be permanently removed from the licensed trade, they determined that his conduct fell sufficiently below the standards expected of a professional Licensed Driver to warrant a period of suspension.

Members heard that the Respondent had accumulated nine DVLA penalty points arising from three separate speeding offences, and that he could not really explain how he had got them, he thought one was as a result of a disturbing customer but he could not really remember.  Members were concerned that none of those offences had been reported to the Licensing Authority despite  ...  view the full minutes text for item 20.

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 previously appeared before a Regulatory Sub-Committee in November 2025, when her Driver’s Licence was suspended for three months following numerous complaints relating to driving standards, customer service and conduct.  Members noted that following the completion of mandatory driving and customer service training and her return to Licensed driving, further concerns had arisen including an admitted offence of driving without due care and attention following a road traffic collision, complaints relating to driving standards and interactions with other Licensed Drivers, and a warning issued for over-ranking on a taxi rank.

Members received oral representations from the Respondent and her representative.

Decision

That the Respondent’s 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.

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

Reasons for Decision

Having carefully considered all the written and oral representations, together with the Taxi Hire Policy, relevant statutory provisions as well as the Department for Transport Standards, Institute of Licensing Guidance and the leading Academic in this area.  Members resolved to revoke the Respondent’s Torbay Council Driver’s Licence having been satisfied that, on the balance of probabilities, the Respondent was no longer a fit and proper person to hold a Hackney Carriage and Private Hire Driver’s Licence.

In coming to their decision, Members carefully considered whether they would allow a person for whom they care, or any vulnerable person known to them, to travel alone in a vehicle driven by the Respondent.  Members were not satisfied that they could answer that question in the affirmative.  In accordance with the Department for Transport Statutory Guidance Taxi and Private Hire Vehicle Standards, where Members are not satisfied on the balance of probabilities that a driver remains fit and proper, the individual should not hold a Licence.

Members recognised that this was the second occasion the Respondent had appeared before a Regulatory Sub-Committee within a relatively short period of time.  Members noted that on 6 November 2025 the Respondent’s Driver’s Licence had been suspended for three months on public safety grounds following nineteen complaints relating to poor driving standards, sleeping in a Licensed vehicle whilst on duty, failure to queue correctly on taxi ranks, refusing card payments and passengers, aggressive behaviour and poor attitude.  Members further noted that, in an effort to address those concerns and assist the Respondent in remaining within the Licensed trade, the previous Sub-Committee had required the Respondent to complete both a RoSPA Advanced Driving Course and a Customer Service qualification before returning to Licensed driving.

Whilst Members acknowledged that the Respondent had completed  ...  view the full minutes text for item 21.