To consider a report on an application for a Torbay Council Driver’s Licence, where the Applicant does not meet Torbay Council’s Hackney Carriage and Private Hire Licensing Policy requirements.

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

The Licensing Officer presented the report which set out information contained within the application that the Applicant had been convicted of a driving offence on 13 November 2023 and had been awarded 3 penalty points.  The Licensing Officer further advised that from the provided copy of the Applicants Enhanced Disclosure and Barring Service (DBS) document, it was identified there were numerous convictions listed relating to violence and dishonesty.  Furthermore, a request was submitted to Sefton Council where the Applicant had held a licence since 23 August 2024 and identified that a complaint had been submitted against the Applicant regarding PHD driving style/road rage. 

Decision

That the application for a Torbay Council Dual Hackney Carriage and Private Hire Driver’s License be refused in accordance with Torbay Council’s Hackney Carriage and Private Hire Driver’s Policy.

Reasons for Decision

Members noted that the Applicant is a driver licensed by another Licensing Authority, however it is for each Licensing Authority to make its own independent assessment of suitability based on its own criteria.  Being licensed elsewhere does not weaken Torbay Council’s obligation to ensure that any person licensed locally meets the requirements of the Taxi Policy and also the statutory “fit and proper” standard.

Members gave thorough consideration to the Applicants’ written and oral representations and thanked the Applicant for his honesty and openness in explaining the circumstances of past experiences in being an alcoholic and the reason behind his 33 convictions received (28 for dishonesty and 5 for violence under Torbay Council’s Taxi Policy) between January 2008 and February 2015.  Members commended the Respondent for turning his life around since this time, including abstaining from alcoholsince April 2014, having subsequently gone into rehabilitation, obtained a degree at University and went on to be employed by that University.  Members acknowledged that he was now a licensed taxi driver for another authority but also that an application with a further different authority had not been progressed as their criteria were more stringent.

Nevertheless, Members were mindful of the overriding principle that public safety is paramount, and the provisions within Torbay Council’s Taxi and Private Hire Licensing Policy.  Furthermore, the statutory guidance makes it clear that decisions must be taken on the balance of probabilities, and that applicants should not be given the benefit of doubt.  If the Committee is not satisfied whether by a narrow margin or otherwise that an applicant is fit and proper, the licence must be refused.

Further, in relation to the harassment convictions the Institute of Licensing’s Suitability Guidance (2024), emphasises that public safety is paramount and that individuals who fall below the required standards should not be licensed also sets out:

Where an applicant or licensee has been convicted of a crime involving, relating to, or has any connection with abuse, exploitation, use or treatment or criminal harassment of another individual irrespective of whether the victim or victims were adults or children, they will not be licensed. This includes slavery, child exploitation, grooming, psychological, emotional or financial abuse, stalking without violence, but this is not an exhaustive list. 

Members also considered the Taxi Policy and that under the Taxi and PHV Licensing Criminal Convictions Policy paragraph 2.6 states a licence will not normally be granted if an applicant has more than one conviction for a dishonesty offence, and likewise paragraph 3.6 which states a licence will not normally be granted if an Applicant has more than one conviction for an offence of a violent nature.  In light of this, Members determined that it would not be reasonable or appropriate to depart from the Policy given the offences committed by the Applicant.

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 both the Statutory Guidance and Taxi Policy 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, and to refuse the application was appropriate in the interests of Public Safety.