To consider a report on the fit and proper status of an applicant who seeks to hold a Torbay Council Driver’s Licence. 

Members considered a report that set out the relevant facts relating to an applicant for a Torbay Council issued dual Hackney Carriage and Private Hire Driver’s License. 

The Licensing Officer presented the report which set out information contained within the application that the Applicant had been convicted of a speeding offence on 5 July 2024 and that the Applicant had previously held a Torbay Council issued dual Hackney Carriage and Private Hire Driver’s License which had been revoked by the Licensing Authority in consultation with the previous Chair of the Regulatory Committee, Senior Solicitor and the Divisional Director for Community and Customer Services due to a number of serious allegations and information received of a habitual nature from both the Police and Local Authority Designated Officer on 8 November 2024.

Members were requested to determine based on the facts before them, whether or not the applicant of the dual Hackney Carriage and Private Hire Driver’s Licence was a fit and proper person to hold such a licence.

At the hearing, the Applicant addressed Members and responded to their questions. 

Decision 

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That the application for a Torbay Council Driver’s Licence be refused on the grounds that the Respondent is not considered to be a ‘fit and proper’ person to hold such a licence in accordance with Section 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976. 

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Reason for Decision 

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In coming to that decision, Members carefully considered having been charged with the responsibility to determine the Applicants application for a Torbay Council 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 Applicant alone.  An unequivocal and unanimous answer by Members to this question, was ‘no’.   

Members heard from the Licensing Officer that the Applicant previously held a Torbay Council Licensed drivers’ badge, but this was revoked without a hearing in November 2024 following consultation with the Chair of Torbay Council’s Regulatory Committee, with the revocation having since been disclosed, as required, on the National Register for Revocations, Refusals and Suspensions.  

Whilst Members gave thorough consideration to the Applicants written and oral representations it was of great concern that the Applicant had been subject to serious allegations of sexual misconduct towards lone female passengers all of which had occurred whilst the Applicant was on duty as a driver licensed by Torbay Council and?which had resulted in the immediate revocation of his Torbay Council Licensed drivers badge. 

Whilst the Applicant denied all the allegations and gave an explanation about each incident, Members found that, on the balance of probabilities, the complainants accounts were likely to be a more accurate reflection of what had occurred, particularly as these complaints had been referred on safeguarding grounds by either the Council’s Local Authority Designated Officer or Devon and Cornwall Constabulary’s Common Law Police Disclosure Officer. 

Members were further concerned to learn at the hearing that the Applicant, prior to his previous licence being revoked, had failed to inform the Licensing Authority of the arrests and allegations made within the required 48-hour period, under Torbay Council’s Taxi Policy.   

Members were mindful of the Statutory Taxi and Private Hire Vehicle Standards 2022, issued by the Department for Transport at 5.4 as follows: 

Licensing authorities have a duty to ensure that any person to whom they grant a taxi or private hire vehicle driver’s licence is a fit and proper person to be a licensee. It may be helpful when considering whether an applicant or licensee is fit and proper to pose oneself the following question: 

Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night? 

If, on the balance of probabilities, the answer to the question is no, the individual should not hold a licence. 

Licensing authorities have to make difficult decisions but (subject to the?General principles) the safeguarding of the public is paramount. All decisions on the suitability of an applicant or licensee should be made on the balance of probability. This means that an applicant or licensee should not be given the benefit of doubt. If the committee or delegated officer is only 50/50 as to whether the applicant or licensee is fit and proper, they should not hold a licence. The threshold used here is lower than for a criminal conviction (that being beyond reasonable doubt) and can take into consideration conduct that has not resulted in a criminal conviction. 

Further, the Institute of Licensing’s Suitability Guidance, emphasises that public safety is paramount and that individuals who fall below the required standards should not be licensed.? 

Members determined that the cumulative nature of the complaints, the similar nature but independent complaint evidence, all demonstrated a pattern of behaviour inconsistent with the standards expected of a licensed driver and licensed vehicle proprietor, and having carefully considered all the evidence before them, Members unanimously resolved to refuse the application, as they could not be satisfied that the Applicant was a fit and proper person to hold a licence.  

In conclusion, Members had careful regard to the criteria set out in Sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976, together with the Statutory Guidance and resolved in this instance, that they could not be satisfied that the Applicant was a fit and proper person to hold a Torbay Council Drivers Licence.