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 4 speeding offences committed on 3 July 2023, 6 July 2023, 14 December 2024 and 03 April 2025, with 3 penalty points awarded for 3 of the offences, which brought the total number of points on the driver’s licence to 9 and the on one occasion the Respondent was disqualified from driving for a period of 21 days.

The Respondent was not present at the hearing and Members chose for the hearing to proceed in his absence, having heard details from the Officer of the correspondence and contact made with the applicant prior to the hearing.

Subsequently, Members determined their decision based on the written facts before them, pertaining to whether or not the holder of a dual Hackney Carriage and Private Hire Driver’s Licence was a fit and proper person to continue to hold such a licence. 

Decision:

That the Respondent’s Torbay Council dual Hackney Carriage and Private Hire Drivers’ 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.

Secondly, in relation to the Private Hire Operators Licence, the licence shall be revoked with immediate effect in accordance with Section 62(1)(d) of the Local Government Miscellaneous Provisions Act 1976. 

Thirdly, in relation to the Private Hire Vehicle Proprietor Licence, the licence shall be revoked with immediate effect in accordance with Section 60 (1)(c) of the Local Government Miscellaneous Provisions Act 1976. 

Reasons for Decision

Prior to the Hearing, Members were made aware that the Respondent had emailed the Licensing Authority shortly before the Hearing was due to start to advise that he was unwell and would not be attending.  Members were asked to consider whether the Hearing should be adjourned or continue in the absence of the Respondent.  Having heard that the Respondent had stated in the email that he had been unwell for a couple of days, but he knew they had a job to do and asked to be advised of any decision.  Members determined that in light of the content of the submitted report and the Respondent’s email that the Hearing should proceed in the absence of the Respondent in the interests of public safety

In coming to their decision, Members carefully considered having been charged with the responsibility to determine the 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 respondent alone.  An unequivocal and unanimous answer by Members to this question, was “no”.

Members were tasked with determining whether the Respondent remained a fit and proper person to hold a Torbay Council Private Hire Drivers’ Licence.  In doing so, Members considered his conduct, character, from his written submissions and history of compliance with Torbay Council’s Taxi and Private Hire Licensing Policy, as well as relevant statutory provisions 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 9 penalty points on his DVLA driving licence, between 6 July 2023 and 4 April 2025.  In addition, the Respondent was disqualified from driving in April 2024 for a period of 21 days.  The Respondent had failed to notify the Licensing Authority of the disqualification and of any of the DVLA points as per the conditions of his licence and in accordance with Torbay Council’s Taxi and Private Hire Licensing Policy (Taxi Policy).  Members considered that his continuous disregard for the Highway Code demonstrated to them that he was a risk to public safety.

Members were further concerned that the Respondent was awaiting a further court hearing for another speeding offence and that there had been a subsequent failure to inform the Licensing Authority of this latest speeding offence within 48 hours, as required by Torbay Council’s Taxi Policy.  The Respondents written submission provided no mitigation or explanation as to why he had received 9 DVLA points on his driver’s licence or why he had been disqualified from driving for 21 days.  The Respondent’s written response gave the impression that he viewed the failure to notify the Licensing Authority of the convictions to be the issue of concern and not the numerous driving offences, even enclosing notification of a pending prosecution as way of notification. 

The Respondent in his written submission, was sorry, but completely failed to recognise the seriousness of his situation, as a professional driver entrusted with the safety of the passengers he conveys in his vehicle, having been disqualified from driving and then having accrued a considerable number of DVLA licence points. 

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 and noted that had the Licensing Authority been notified of the disqualification from driving in 2024 that it would have resulted in immediate revocation of the Respondents Private Hire Drivers’ Licence. Members also had regard to paragraph 10.9 of the Department for Transports Statutory taxi and private hire vehicle standards which states

10.9    Motoring Convictions

Hackney Carriage and private hire drivers are professional drivers charged with the responsibility of carrying the public.  It is accepted that offences can be committed unintentionally, and a single occurrence of a minor traffic offence would not prohibit the granting of a licence.  However, applicants with multiple motoring convictions may indicate that an applicant does not exhibit the behaviours of a safe road user and one that is suitable to drive professionally. 

Any motoring conviction while a licensed driver demonstrates that the licensee may not take their professional responsibilities seriously.  However, it is accepted that offences can be committed unintentionally, and a single occurrence of a minor traffic offence may not necessitate the revocation of a taxi or private hire vehicle driver licence providing the authority considers that the licensee remains a fit and proper person to retain the licence. 

Members gave careful consideration to suspending the Respondent’s driver’s license but resolved that due to the lack of understanding of the situation he found himself in as shown within his written submission, together with the failure to learn from his mistakes, further to the numerous speeding offences received and his driving disqualification, that revocation was reasonable, appropriate and proportionate.

In concluding, Members resolved to revoke the Respondent’s dual Hackney Carriage and Private Hire Drivers’ Licence, Private Hire Operators Licence and Private Hire Vehicle Proprietor Licence with immediate effect, as they could not be satisfied that he remained a “fit and proper person” to hold said Licences.  In determining this, Members believed that the Respondent’s conduct as a professional driver had fallen well below the standards they expected of driver licenced by Torbay Council and resolved that to revoke all licences with immediate effect was in their opinion, both necessary and proportionate, to ensure public safety.