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 July 2025 with 3 points awarded, had been found guilty of a speeding offence on 17 December 2025 with 3 points awarded, and had been found guilty of a speeding offence on 10 February 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 from Members.

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. 

The Respondent’s oral submission was honest and recognised the seriousness of being a professional driver and having obtained 9 penalty points on his DVLA Driving Licence being very apologetic for the need to be here and offering no excuses.  Members were satisfied that the Respondent had been experiencing challenges in his personal life which had affected him and noted that the 9 penalty points were an accumulation of minor traffic offences but felt this could not be trivialised.  Members however were reassured to note that the Respondent had taken proactive measures to prevent future reoccurrence in learning and utilising the cars speed limiter, something he admitted he did not previously know how to use, and furthermore was also not allowing himself to become distracted in talking or engaging with the passengers.

Members were satisfied with the explanations given relating to the delay in supplying the relevant DBS check, noting that they were due to an administration error rather than an attempt to withhold information from the Licensing Authority, and that the Respondent had lost income as a direct result.

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.  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.

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, Members considered that the Respondents skill as a professional driver had at times 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.