To consider a report on 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. 

The Licensing Officer presented the report which set out information that a holder of a Torbay Council issued dual Hackney Carriage and Private Hire Driver’s Licence had been found guilty of a speeding offence committed on 16 May 2024 and had been awarded 3 penalty points which brought the total number of points on the driver’s licence to 12.

Decision: 

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

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

Members determined, having considered all the evidence before them, that the suspension should have immediate effect, in the interest of public and customer safety, having determined that currently the Respondent was not a fit and proper person to hold a Torbay Council’s Driver’s Licence. 

There would be no action taken on the separate issue of the Respondent’s Hackney Carriage Proprietors Licence. 

Reasons for Decision: 

In reaching their decision, Members carefully considered whether they would allow their son or daughter, spouse or partner, mother or father, grandson or granddaughter, or any other person for whom they care, or any vulnerable person known to them, to travel alone in a vehicle driven by the Respondent.  The answer to this question, on the balance of probabilities, was ‘no’. 

Members were tasked with determining whether the Respondent remained a fit and proper person to hold a Torbay Council Hackney Carriage Driver’s Licence and Hackney Carriage Vehicle Proprietor Licence.  In doing so, Members considered his conduct, character, and compliance with Torbay Council’s Taxi and Private Hire Licensing Policy, as well as relevant statutory provisions, standards and guidance.? 

Members were concerned to hear from the Licensing Officer as to the repeated speeding offences committed by the Respondent which had led to the accumulation of 12 penalty points on his DVLA driving licence, all of which had occurred whilst the Respondent was on duty as a driver licensed by Torbay Council between 31 March 2024 and 16 May 2024.  Members felt that this disregard for the Highway Code demonstrated to them that he was a risk to public safety. 

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Members were further concerned that there had been a subsequent failure to inform the Licensing Authority of the latest speeding offence within 48 hours, as required by Torbay Council’s Taxi Policy.  When questioned as to this failure the Respondent advised that he was waiting for the matter to be heard by the Magistrates Court and therefore to have received an outcome of his conviction before advising the Licensing Department.? 

The Respondent was repentant and apologetic throughout the hearing and informed Members that he was new to the job at the time of the speeding penalty notices and single prosecution, and that he had now changed his working hours and practice to avoid late night/early morning work.  He also used his speed limiter, so as not to speed.  He admitted he had not read the Council Taxi policy.  

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In coming to their decision, Members had regard to the Torbay Council Taxi and Private Hire Vehicle Licensing Criminal Convictions Policy found at Appendix A of the Taxi Policy, and the options set out within to suspend or revoke a Torbay Council Drivers Licence upon the accumulation of 9 or more penalty points.??They also had regard to paragraph 10.9 of the Statutory taxi and private hire vehicle standards as well as paragraph 4.56 of the Institute of Licensing Suitability Guidance. 

Members gave careful consideration to revoking the Respondent’s driver’s license but resolved that the remorse shown within his oral submission and in light of the positive action taken by the Respondent to ensure that there would not be any further speeding offences committed that, a suspension was reasonable, appropriate and proportionate.  Members decided not to make the Respondent complete the RoSPA Level 2 Award in Advanced Driving as he had completed this just over 2 years ago and accordingly were disappointed he had amassed the 12 penalty points shortly after becoming a newly licensed taxi driver, and this was reflected in the length of his suspension.  Members hoped that, at the end of his suspension, the Respondent would be able to return to work as a Licensed Driver and be capable of fulfilling the standards reasonably expected of a professional driver. 

In conclusion, Members resolved to suspend the Respondents Drivers’ Licence with immediate effect, as they could not be satisfied that he remained a ‘fit and proper person’ to hold a Torbay Council Dual Hackney Carriage and Private Hire Drivers Licence.  In determining this, Members believed that the Respondents skill as a professional driver had fallen below the standard expected of him and to suspend the licence with immediate effect was in their opinion, both necessary and proportionate, to ensure public safety.?