Councillor Ellery was elected as Chairman for the meeting.

To confirm as a correct record the Minutes of the meeting of the Licensing Sub-Committee held on 30 June 2022.

The Minutes of the meeting of the Sub-Committee held on 30 June 2022 were confirmed as a correct record and signed by the Chairman.

Prior to consideration of the item in Minute 27 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 the holder of a dual Hackney Carriage and Private Hire Drivers’ Licence.

Members considered a report on the fit and proper status of the holder of a dual Hackney Carriage and Private Hire Driver’s Licence.  The Licensing Officer started to present his exempt report to Members.  However, shortly after the Licensing Officer began to present his report the Respondent abruptly left the hearing, having tried to interject twice and becoming agitated and mildly aggressive.  Members continued the hearing in the absence of the Respondent in the interests of public safety and the absence of any reasonable account or justification from the Respondent for leaving the hearing.  Subsequently the Licensing Officer continued his submission and responded to Members questions.

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.

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 the Respondent alone.  An unequivocal and unanimous answer by Members to this question, was ‘no’.

Members were disappointed that the Respondent abruptly left the hearing shortly after the Licensing Officer began to present his report to the Committee, having tried to interject twice.  As the Respondent appeared agitated and mildly aggressive, leaving his Drivers Badge as he went, no-one present at the committee hearing felt it appropriate to go after him. In the interests of public safety, given the nature of matters before them, and contrary to any reasonable justification or explained account for leaving the hearing, Members determined to proceed with the hearing in the absence of the Respondent, however, they did carefully consider his written submissions, in forming their determination. 

Members of the Committee heard from the Licensing Officer that the Respondent had held his Torbay Council Drivers Licence since 4 January 2021, with the granting of his application being delayed to accommodate the passing of 5 years following a conviction for driving under the influence of alcohol, and that this was in line with Torbay Council’s Taxi Policy. 

It was of great concern to Members, to learn that the Respondent in completing his application form, had not declared to the Licensing Authority, despite the form specifically asking the question, the existence of 6 DVLA penalty points on his driving licence, received for a speeding offence committed on 17 January 2019.  These penalty points only coming to light during the Licensing departments own checks.

On 20 June 2022, it was brought to the attention of the Licensing Department, by the Devon and Cornwall Police, that the Respondent had received 4 DVLA penalty points on 29 January 2021 for driving without due  ...  view the full minutes text for item 27.