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 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 failing to comply with traffic light signals on 26 August 2024 with 3 penalty points awarded, and two speeding offences committed on 3 March and 18 July 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 following receipt of this decision, the Respondent shall 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 herself with the contents of Torbay Council’s Hackney Carriage (Taxi) and Private Hire Policy, as issued to her and that she 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 a unanimous ‘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 her conduct, character, and compliance with Torbay Council’s Taxi and Private Hire Licensing Policy, as well as relevant statutory provisions, standards and guidance. 

Members determined that the Respondent’s oral submission was honest and that she recognised the seriousness of being a professional driver with 9 points on her DVLA Licence, with six points for speeding, and a further three points for a traffic light offence.  The Respondent, apologised to the Committee for the need for the hearing, understood the reasons why and seriousness of being brought before the Committee. The Respondent detailed the circumstances behind each of the offences, and in each case, Members accepted the explanations for the circumstances, though they agreed with the Respondent that there were no mitigating circumstances which fully excused these offences.  Members felt that the Respondent appreciated the gravity of these offences occurring in the course of her professional duty and that the Respondent had put proactive measures in place to prevent future recurrences.

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.  The Respondent stated that she was not fully aware of her responsibilities in relation to informing the Licensing Authority of traffic offences but was aware that the Council periodically checked her licence. The Respondent confirmed, she was aware of her responsibilities now.  The Respondent’s comments showed that she clearly did not appreciate or understand the requirement to advise the Licensing Authority of each occasion she received a penalty notice, demonstrating that she was not familiar with the Taxi Policy.  Members therefore resolved to ensure that the Respondent was fully conversant with the Taxi Policy going forward.

In conclusion, Members gave careful consideration to suspending the Respondent’s driver’s licence but resolved to formally warn her, as they were satisfied that she 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 skills as a professional driver had fallen below the standard reasonably expected of a driver licenced by Torbay Council, something the Respondent also recognised herself, and therefore in their opinion, the completion of the ROSPa Level 2 Award in Advanced Driving would ensure public safety was upheld.