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’s Torbay Council Driver’s Licence and Private Hire Vehicle Licence be revoked in accordance with Section 61(1)(b) of the Local Government (Miscellaneous) Provisions Act 1976 and that this revocation shall have immediate effect, in accordance with Section 61(2B) of the Local Government Miscellaneous Provisions Act 1976.

Reason for Decision:

Members noted the absence of the Respondent at the hearing.  Members requested full details of contact between the Licensing Authority and the Respondent prior to the hearing and were satisfied that the Respondent was aware of the hearing and had been given sufficient opportunity to attend. Members unanimously agreed to proceed with the hearing without the Respondent present.

In determining the matter before them, Members carefully considered having been charged with the responsibility to determine the Respondents Torbay Council issued drivers’ licence, whether they would allow their son or daughter, spouse or partner, mother or father, grandson or granddaughter or any other person to whom they care or any other vulnerable person known to them to get into a vehicle with the Respondent alone.  An unequivocal and unanimous answer by Members to this question, was ‘no’.  

Members considered all the written evidence provided, and considered the actions outlined to represent inappropriate behaviour, and demonstrated that the Respondent does not meet the definition of a ‘fit and proper person’ outlined in the Statutory Taxi and Private Hire vehicle standards (2022). 

Members noted that contact with a vulnerable young person had been initiated by the Respondent, and that this contact was inappropriate, even if it was meant to be with the best of intentions.  Furthermore, Members considered that the content of the individual communications sent by him suggested that the Respondent was aware that such behaviour was inappropriate and had no evidence before them which would provide mitigating circumstances to warrant continued contact.  Members were alerted to a previous safeguarding complaint in December 2023, against the Respondent, again with a vulnerable individual, and concluded that this formed a pattern of inappropriate behaviour which was of extreme concern to them. 

Due to his non-attendance, Members were unable to question the Respondent in person and accordingly concluded on the evidence before them that the Respondent could no longer be considered a ‘fit and proper person’ to hold a Torbay Council Driver’s Licence and Private Hire Vehicle Licence, and that revocation of these licenses was a proportionate and appropriate decision in the interest of public safety.