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 Driver’s Licence.  The Licensing Officer presented the report which set out information detailing complaints related to the behaviour of the holder of a Torbay Council issued Driver’s Licence.

The Respondent was accompanied at the Hearing by an associate and Members received oral representations from the Respondent.

Decision:

That the Respondents Torbay Council Driver’s Licence be suspended for a period of two 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.

In addition:

1)       During the period of suspension, the Respondent must undertake and successfully complete a Devon Mind Anger Management Course or equivalent, and produce written evidence to that effect to Torbay Council’s Licensing Department; and

2) that while suspended, 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.

Reasons for Decision:

Members were tasked with determining whether the Respondent remained a fit and proper person to hold a Torbay Council Drivers License in light of the complaint lodged against the Respondent in relation to verbal abuse of a couple of Civil Enforcement Officers and an allegation of aggressive driving.  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. 

The Respondent’s oral submission was honest and recognised the seriousness of the incidents which gave rise to the complaints against him.  He said he was embarrassed to be before them and apologised for it being necessary.  Members noted that the Respondent accepted responsibility for his actions and showed contrition for the incident involving abuse of the Civil Enforcement Officers, and had apologised to the Officers concerned and also to their Manager.  The Respondent explained that he worked six days a week and was under constant financial pressure and needed to earn a certain amount of money each shift, so receiving a penalty notice was not a good start to that night but did not excuse his behaviour and accepts he over-stepped the mark that night.  Members further noted that the Respondent had clearly taken time to reflect on the incidents, appreciated their gravity and had investigated proactive measures to prevent future recurrences, even offering to attend a behaviour management course when he could afford to pay for it.  Members accepted that the matters under consideration were isolated incidents, and did not reflect a pattern of behaviour which might suggest that the Respondent was not a ‘fit and proper person’ to hold a license.

For the aggressive driving complaint, he explained that a car had pulled out in front of him and he did not feel he had driven aggressively as he had customers on board, but he apologised if that was what the customer had felt during his journey.  He believed he had been at all times a safe distance from the car in front.

Members were disappointed that the Respondent was clearly unfamiliar with his responsibilities under the Torbay Council’s Taxi and Private Hire Licensing Policy, and when asked informed them that he could not remember when he last read it.    Members therefore resolved to ensure that the Respondent was fully conversant with the policy going forward, in the interests of public safety.

In conclusion, Members agreed to issue a suspension with additional conditions, due to the seriousness of the incident under consideration.  However, they did not feel that any further sanction was justified, noting the previous 19 years the Respondent had held a Taxi license without incident or complaint.