Councillor Ellery was elected as Chairman for the meeting.

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 7 October and 11 November 2021.

The Minutes of the meetings of the Sub-Committee held on 7 October and 11 November 2021 were confirmed as a correct record and signed by the Chairman.

To consider a report on whether the holder of a Torbay Council issued Driver’s licence remains a ‘fit and proper person to hold such a licence’.

Members considered a report that set out relevant facts relating to a holder of a Torbay Council issued dual Hackney Carriage and Private Hire Driver’s Licence.  Members were requested to determine the facts before them, whether or not the holder of the dual Hackney Carriage and Private Hire Driver’s Licence remained a fit and proper person to hold such licence.

The Respondent addressed Members and responded to questions.  The Respondent’s Manager accompanied him to the meeting.  At the hearing the Respondent circulated a letter from the injured persons solicitor.

Decision:

That Mr Batt remains a fit and proper person to drive a Hackney Carriage or Private Hire Vehicle and that no action be taken at this time.

Reasons for Decision:

In coming to that 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 Mr Batt alone.  An unequivocal and unanimous answer by Members to this question, was ‘yes’.

Members had regard to the fact that Mr Batt had notified the Licensing Office on 21 July 2021 that he had been charged with ‘driving without due care and attention’ and then subsequently advised of the outcome of the court case where he received 8 points on his driving licence, on 29 July 2021.  The Sub-Committee felt that Mr Batt had acted responsibly when involved in a collision with an elderly pedestrian who had slipped off a slope under the wheels of Mr Batt’s licensed vehicle in telephoning the emergency services and providing care and support to the injured person.  Having fully established the circumstances of the accident members were satisfied that this was an unfortunate accident and accepted that Mr Batt would not have been able to see the injured person on the ground when he edged slowly forward.  Members found Mr Batt to be genuinely remorseful and shaken up by the incident and noted that he had considered ceasing driving as a result.  However due to support from the Police and others he has been able to continue driving. 

Members acknowledged that Mr Batt had fully complied with the requirements of Torbay Council’s Hackney Carriage and Private Hire Licensing Policy 2019 - 2022 in reporting the incident and keeping the Licensing Officers updated.  He had fully retained his driving licence with the DVLA, and no complaints had been received either by his employer or the licensing authority in the 10 years he has been a Torbay Council issued Licensed Driver, or in the months since the incident, which was emphasised by his employer at the hearing, and confirmed by the Licensing and Public Protection Officer presenting the report.

It was noted that a very small part of the letter submitted at the hearing had been redacted by Mr Batt, Members felt that this was not  ...  view the full minutes text for item 32.

To consider whether the holder of a Torbay Council issued Driver’s licence remains a ‘fit and proper person to hold such a licence.

Members considered a report that set out relevant facts relating to a holder of a Torbay Council issued dual Hackney Carriage and Private Hire Driver’s Licence.  Members were requested to determine the facts before them, whether or not the holder of the dual Hackney Carriage and Private Hire Driver’s Licence remained a fit and proper person to hold such licence.

The Respondent addressed Members and responded to questions.

Decision:

That Mr Setters’ 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.

Reasons for Decision:

In coming to that 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 Mr Setters alone.  An unequivocal and unanimous answer by Members to this question, was ‘no’.

Notwithstanding the mitigating explanations presented by Mr Setters, Members were concerned that having only been issued with his Torbay Council Drivers Licence on 14 July 2021, Mr Setters was before the Licensing Sub-Committee in relation to four notifications for speeding, an alleged sexual act within a licensed vehicle witnessed by minors, and a road traffic accident which resulted in the licensed vehicle turning over in a lane near Ipplepen, with injuries being sustained by the passengers. 

Members had regard to the fact that, at the hearing, Mr Setters accepted committing the four speeding offences and confirmed that he had been contacted by DVLA the day before the hearing where he had been informed that he had received 9 penalty points for the offences, together with a requirement to undertake a speed awareness course.  It was of concern to Members that Mr Setter submitted that had he been made aware of the first speeding offence before the others, he would have been alerted to the presence of the camera and would not have been caught on a further three occasions by the same camera.

In relation to the report received from the member of public having witnessed a sexual act within the licensed vehicle, whilst passing with a minibus full of minors, Members considered the conflicting submissions and found Mr Setters not to be believable in his account that a medical examination was being undertaken by a female friend to address a pressing health concern.

In any event, Members were not satisfied that a reasonable person would consider parking in a public place, late at night, and partially undressing to the point of exposing their genitals close to a campsite used by young persons and determined that this was not the behaviour expected from a professional licenced driver, or an appropriate use of a licensed vehicle and demonstrated exceptionally poor judgment.  ...  view the full minutes text for item 33.