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 13 December 2024 with 3 points awarded, had been found guilty of a speeding offence on 7 November 2025 with 3 points awarded, and had been found guilty of a speeding offence on 21 January 2026 with 3 points awarded which brought the total number of points on the driver’s licence to 9.

At the Hearing, Members received oral representations from the Respondent who also responded to questions.

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 the Respondent 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 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:

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 recognised the seriousness of being a professional driver with 9 points on his DVLA issued Drivers Licence, and apologised to the Sub-Committee for their need to be here.  Members noted that the offences occurred at times where the Respondent did not have passengers on board and further noted that there were no other complaints against the Respondent in the 8 years he had held a Torbay Council Drivers License.  Members were satisfied in the Respondents characterisation of the offences as 'lapses of judgement’ on his way home after his shift with no customers in the vehicle at the time and noted that the 9 points represented an accumulation of minor offences.  Members were reassured that the Respondent had taken proactive measures to prevent future reoccurrence in installing and using his vehicles speed limiter.

However, 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 he was not initially aware of his responsibility to report the receipt of penalty points until after his warning letter in December 2025.  The Respondent’s comments showed that he clearly was not familiar with the Taxi Policy.  However, Members were satisfied that the explanation given for the delay in responding represented a genuine error and not an intent to deceive the Licensing Authority, and his self-declaration of 6 points in January 2026 covered the November 2025 and January 2026 offences.

In conclusion, Members resolved to formally warn the Respondent, as they were satisfied that he remained a ‘fit and proper person’ to hold a Torbay Council Dual Hackney Carriage and Private Hire Drivers Licence.  However, in determining this, Members recognised the Respondents skill as a professional driver had fallen below the standard expected of him, something the Respondent also recognised himself, therefore in their opinion the completion of the RoSPA Level 2 Award in Advanced Driving would ensure public safety was upheld.