Councillor Ellery was elected as Chairman for the meeting.

It was reported that the membership of the Sub-Committee had been amended for this meeting by including Councillors Foster and Kavanagh instead of Councillors Kennedy and Skyes.

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 16 January 2020.

The Minutes of the meeting of the Sub-Committee held on 16 January 2020 were confirmed as a correct record and signed by the Chairman.

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 Part 1 of Schedule 12A of the Local Government Act 1972 (as amended)) is likely to be disclosed.

Prior to consideration of the item in Minute 28 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 the holder of a dual Hackney Carriage and Private Hire Drivers’ Licence.

Members considered a report that sought a review of a Torbay Council Dual Hackney Carriage and Private Hire Drivers’ Licence.  The Senior Licensing Officer advised Members that the Respondent had failed to meet specific requirements set out in the Hackney Carriage and Private Hire Licensing Policy 2018 to 2022, by failing to report that he had been convicted by South Devon Magistrates Court on 4 September 2019 of assaulting a female by beating.

The Senior Licensing Officer advised Members of the efforts taken to confirm with the Respondent if he would be attending the hearing for which no response had been received.  Members were satisfied that the Respondent was aware of this hearing, had been given adequate opportunities to confirm his attendance prior to the hearing and agreed for the matter to be heard in his absence.

Written Representations received from:

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.

Reason for Decision:

Having carefully considered all the written and oral Representations, Members unanimously resolved to, revoke the Respondent’s Driver’s Licence, as they could not be satisfied that the Respondent remained a ‘fit and proper’ person to hold a Torbay Council Driver’s Licence.

In coming to that decision, Members applied the test set out in Appendix A, Section 1.3 at page 36 of Torbay Council’s current Hackney Carriage and Private Hire Licensing Policy and unanimously resolved that they would not allow someone who they cared for to get in to a licensed vehicle with this Respondent alone. 

Members noted with concern that the Respondent in his response, as set out in Appendix 5 of the report and without evidence to the contrary’ had sought, in their opinion, to play down the seriousness of the incident which led to his conviction and the concerns raised by the Probation Officer, who they noted is a professional and independent person, about the risk associated with his excessive alcohol misuse.

In further consideration of this written response, Members were not reassured that the Respondent remained or could become in the immediate, a ‘fit and proper’ person to be a driver licensed by Torbay Council and his failure to attend the Committee hearing, despite the  ...  view the full minutes text for item 28.