To consider a report and determine whether or not a Licensed Driver is a ‘fit and proper person’ to continue to hold a Torbay Council Driver’s Licence.

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 3 speeding offences committed on 11 July 2024, 9 October 2025 and 12 October 2025, with 3 penalty points  awarded for each offence, which brought the total number of points on the driver’s licence to 9.

Decision:

That the Respondent be formally warned in writing and that this warning shall remain in situ for a period of 3 years and that should any further issues of concern arise within that 3-year period which requires the Respondent to appear again before a Regulatory Committee, Members of that Committee shall be made aware of this written warning.

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 ‘yes’.

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 (the Policy), as well as relevant statutory provisions, standards and guidance. 

The Respondent’s oral submission expressed considerable contrition, recognising that in committing the speeding offences he had not only undermined public safety but also let himself and his family down.  The Respondent stated that it was a case of him being fuel efficient rather than recklessness that had led him to speed on those occasions.

The Respondent demonstrated that he had spent considerable time reflecting on his actions and explained in detail the technological measures he had put in place to provide extra safeguards to prevent him from speeding in the future, such as radar technology to recognise road speed signs, which also shows in the cab the road speed limit which turns red and provides an audible warning.  The Respondent now also now sets his cruise control.

Members were further assured by the Respondent’s actions in complying with Torbay Council’s Taxi and Private Hire Licensing Policy having been in communication with the Licensing Team immediately upon notification of the speeding offences, as required, and confirming to Members that he had read the Policy within the last year.

In conclusion,Members resolved to formally warn the Respondent, as they were 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 recognised the Respondents skill as a professional driver had fallen below the standard expected of him, but his contrition, reflection upon his actions and corrective measures did in their opinion, ensure public safety was upheld.