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 Drivers License.

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 a speeding offence on 10 August 2024 with 3 points awarded, and had been found guilty of a breach of requirements as to the control of a vehicle on 4 February 2025 with 6 points awarded, which brought the total number of points on the driver’s licence to 9.

Decision:

That the Respondents Torbay Council Driver’s Licence be suspended for a period of six months, in accordance with Section 61(1)(b) of the Local Government (Miscellaneous) Provisions Act 1976 and that this suspension shall have immediate effect, in accordance with Section 61(2B) of the Local Government Miscellaneous Provisions Act 1976.

While suspended the Respondent shall undertake and successfully complete a RoSPA Level 2 Award in Advanced Driving, or similar, and produce written evidence to that effect to Torbay Council’s Licensing Department.

Members also determined that whilst suspended, the Respondent familiarises himself with the contents of Torbay Council’s Hackney Carriage (Taxi) and Private Hire Policy, as issued and to utilise the Councils Text-To-Speech function on the website to access the Policy.

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 a unanimous ‘no’.

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 and guidance. 

Members were concerned to hear from the Licensing Officer as to the repeated offences committed by the Respondent which had led to the accumulation of 9 penalty points on his DVLA driving licence. 

Members were further concerned that there had been a subsequent failure to inform the Licensing Authority of the offences within 48 hours on each occasion it arose, as required by Torbay Council’s Taxi Policy.  While sympathetic to the Respondents personal circumstances and reasons for not being fully conversant with the Policy, Members determined that the ultimate responsibility for adherence to the Policy lay with the Respondent, and that the Licensing Authority had put in place numerous alternative communication methods, such that the Respondent had sufficient opportunity to be aware of his responsibilities.

Members heard from the Respondent who explained his dyslexia and determined that he was open and honest about the reasons behind the 9 points he had received on his licence and his explanation that he did not have any customers as these were personal journeys. The Respondent stated, despite the obligation to do so, that he was not aware he had a duty to inform the Licensing Authority if he received a penalty notice or Court summons and/or hearing but was aware the Council periodically checked his licence. Members also heard from the Respondents associate who assisted in the Respondent’s advocacy and said that he had owned a taxi firm and without hesitation he felt that the Respondent was a fit and proper person. The latter being contrary to Members findings, when considering carefully all the written and oral representations before them.

In reaching 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 paragraphs 7.4 and 8.1 to suspend or revoke a Torbay Council Drivers Licence upon the accumulation of 9 or more penalty points.  

Members gave careful consideration to revoking the Respondent’s driver’s license but resolved that the mitigating circumstances explained within his oral submission, and the clear willingness to future improvements, that a suspension was reasonable, proportionate, and appropriate. 

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In conclusion, Members resolved to suspend the Respondents drivers’ licence with immediate effect, as they could not be 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 believed that the Respondents skill as a professional driver had fallen below the standard reasonably expected of a driver licenced by Torbay Council and to suspend the licence with immediate effect was in their opinion, both necessary and proportionate, to ensure public safety.