To consider a report of the fit and proper status of a Driver licensed by Torbay Council.

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 7 December 2024 with 3 points awarded, had been found guilty of a speeding offence on 15 September 2025 with 3 points awarded, and had been found guilty of a speeding offence on 18 September 2025 with 3 points awarded which brought the total number of points on the driver’s licence to 9.

Members received oral representations from the Respondent.

Decision:

In respect of the Torbay Council Drivers License, 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, 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.

There is no separate penalty in respect of the Hackney Carriage Vehicle Proprietors License.

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. 

Members found the Respondent’s oral submission to be honest and it was evident that he recognised the seriousness of being a professional driver with 9 points on his DVLA Licence.  The Respondent detailed the circumstances behind each of the offences, two of which being within 4 days of each other at a new speed camera on the A383 Ashburton Road.  He was not aware of the first when he got the second with speed limit having reduced from 40 mph to 30 mph. it was a new school run and he was not aware of the change in speed limit and had not intentionally sped but he admitted to his mistake and apologised to Members.  In relation to the recent over ranking, he said that the queue had been moving and that food delivery drivers clog up the Fleet Walk rank, so he took a chance.  He now regrets this and has taken it on board and will not do it again.  For the refusal of a fare, the Respondent said that the lady appeared drunk and with a young child, she only wanted to go to Market Street from Union Square which he believed would be just as quick to walk, however, she never gave him an opportunity to respond fully to her.  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 his professional duty.

Members were disappointed that the Respondent had failed to notify the Licensing Team of the offences within the required time of 48 hours and thereby failed to comply with Torbay Council’s Taxi and Private Hire Licensing Policy.  The Respondent stated that he was not fully aware of his responsibilities in relation to informing the Licensing Authority of traffic offences until he was advised by a colleague.  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, demonstrating that he was not familiar with the Taxi Policy.  Members therefore resolved to ensure that the Respondent was fully conversant with the policy going forward.

Members recognised that the Respondents conduct as a licensed professional had fallen below the standard expected of him, something the Respondent also recognised himself.  Members resolved to formally warn the Respondent, as they were satisfied that he remained a ‘fit and proper person’ to hold a Torbay Council Drivers Licence, and that it was reasonable and proportionate to issue a warning.