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 and two Hackney Carriage Vehicle Proprietor’s Licences.

The Licensing Officer presented the report which set out information that the Respondent had failed to comply with Torbay Council Hackney Carriage Byelaws and Road Traffic Orders by over-ranking and waiting for a fare whilst the Vaughan Road taxi rank was full.  Members noted that CCTV evidence showed the Respondent over-ranking on 8 March 2026, for which a warning was subsequently issued, and again on 20 June 2026.  Members further noted the Respondent’s previous licensing history and warning letters issued by the Licensing Authority.

Members received oral representations from the Respondent.

Decision

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

No action will be taken in respect of the Hackney Carriage Vehicle Proprietor Licence.

Reasons for Decision

Members were required to determine whether the Respondent remained a fit and proper person to hold a Torbay Council Driver's Licence.  In doing so, they considered the evidence before them, the relevant legislation, Torbay Council's Taxi Policy, the Hackney Carriage and Private Hire Vehicles Byelaws and the Statutory Taxi and Private Hire Vehicle Standards.

The Respondent, who was unaccompanied, informed the Sub-Committee that English was not his first language.  However, when asked by the Chair if he required an interpreter, he confirmed that he was happy to proceed without.

Members noted that the Respondent had held a Torbay Council Driver's Licence since 2012 and had received a number of communications regarding the Vaughan Road taxi rank, raising concerns surrounding over-ranking and illegal parking, and setting out the requirements of Byelaw 8(b) of the Hackney Carriage and Private Hire Vehicles Byelaws.  Additionally, that the Respondent had previously received a warning following CCTV evidence of over-ranking and illegal parking on 8 March 2026.

Members accepted that the Respondent's vehicle was parked in a location which may reasonably have appeared to be private land.  However, Members also noted that the Respondent accepted that he was waiting for a fare and was therefore plying for hire at the time.  Members concluded that, irrespective of whether the location was believed to be private land or adopted highway, the Respondent should not have been waiting there whilst the rank was full and should instead have proceeded to another available rank in accordance with the Byelaws.

The Respondent acknowledged an understanding of the rules relating to over-ranking and eventually accepted that he should have moved to another rank and apologised for his actions, having firstly said that he was not parked on the highway and was on his phone.  The Respondent agreed that he had received all the emails regarding the rank and over ranking but it was a new situation and he was just following the crowd and had no intention of breaking the Byelaws.  The Respondent provided photographs showing vehicles other than Hackney Carriages parked in taxi ranks in the last couple of nights, however, he was advised that that was not an issue for this Sub-Committee to consider today, and to send to the Licensing Department to investigate.

Members found the Respondent to be respectful throughout the hearing and took into account the mitigation provided. Members also accepted that there are ongoing operational concerns regarding the Vaughan Road rank. However, Members considered that these wider issues did not justify a failure to comply with the Byelaws and were not matters that could be determined by the Sub-Committee.

Members gave significant weight to the fact that the Respondent had received a warning in relation to similar conduct yet had subsequently repeated the behaviour which they found to be unacceptable.

Members concluded that the Respondent's conduct demonstrated a disregard for the Hackney Carriage Byelaws and the instructions of the Licensing Authority.  Whilst Members did not consider the Respondent posed a danger to the public and acknowledged his otherwise good driving record, they were not satisfied that a further warning would be sufficient given the previous warning issued and the subsequent repetition of the conduct.

Members therefore determined that a period of suspension was a reasonable and proportionate response which would underline the importance of complying with the Byelaws and licensing requirements and reinforce the standards expected of licensed drivers.

Members further determined that the suspension should take immediate effect, having regard to the Respondent's repeated non-compliance with the Hackney Carriage Byelaws despite previous warnings and guidance from the Licensing Authority.

Members did not consider it necessary or proportionate to take any action in respect of the Hackney Carriage Vehicle Proprietor Licences, as the concerns before the Sub-Committee related solely to the Respondent's conduct as a licensed driver rather than as a proprietor.