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 3 October 2024, 25 April 2025 and 31 May 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.

In addition,

1)    within 3 months the Respondent undertake a RoSPA Level 2 Award in Advanced Driving, or similar, and produce written evidence to that effect to Torbay Council’s Licensing Department; and

2)    that 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.

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, as well as relevant statutory provisions, standards and guidance. 

The Respondent’s oral submission was honest and recognised the seriousness of being a professional driver with 9 points on his DVLA Licence. 

The Respondent gave reasons for the 9 points in that two were for speeding on a slip road whereby the 70 mph dropped to 50 mph and a further 3 points for a traffic light offence which went to court at his request as the photograph showed his vehicle to have the two back tyres just on the line.  However, the Respondent referred to being caught as ‘unlucky’, demonstrating to Members that he had not taken full accountability for his actions, in that it was him that was speeding.  Furthermore, the Respondent commented within his oral submission that it would be a mistake to take his licence away and that he was good at his job.  Members were unimpressed by these comments and felt it appropriate to require the completion of the advanced driving course.

Furthermore, Members were disappointed that the Respondent had failed to notify the Licensing Team of the offences and thereby failed to comply with Torbay Council’s Taxi and Private Hire Licensing Policy, despite believing he had done so by providing the DVLA check code.  The Respondent stated that he did not realise he had to report the accumulation of 9 points but was aware that the Council checked his licence.  The Respondent’s comments showed that he clearly did not appreciate or understand the requirement to advise the Licensing Authority of each occasion he received a penalty notice and 3 penalty points demonstrating that he was not familiar with the Taxi Policy.

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, something the Respondent also recognised himself, therefore in their opinion the completion of the ROSPa Level 2 Award in Advanced Driving would ensure public safety was upheld.