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 Private Hire Vehicle Proprietor’s Licence.

The Licensing Officer presented the report which set out information that the holder of a Torbay Council issued Driver’s Licence had been found guilty of a speeding offence on 24 September 2023 with 3 points awarded, had been found guilty of failing to comply with traffic light signals on 19 May 2024 with 3 points awarded, and had been found guilty of a speeding offence on 14 September 2025 with 3 points awarded, bringing the total number of points on the driver’s licence to 9.  Members also noted that the Respondent had failed to notify the Licensing Authority of two of the offences and had failed to report the third offence within the required timescale.

Members received oral representations from the Respondent

Decision:

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

During the period of suspension, the Respondent must undertake and successfully complete a RoSPA Level 2 Award in Advanced Driving, or similar, and produce written evidence to that effect to Torbay Council’s Licensing Department; and

Should the Respondent successfully complete the required courses within a shorter period from the date of suspension and produce sufficient evidence to that effect, the suspension will cease on written confirmation to the Respondent from Torbay Council’s Licensing Department.

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

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 Respondent’s driving record, compliance with licence conditions, relevant policy and guidance, and the oral evidence presented at the hearing.

Members noted that the Respondent had accumulated nine penalty points on their DVLA licence for three separate motoring offences whilst holding a Torbay Council Driver’s Licence.  Whilst Members accepted that the offences were not deliberate and that each offence, taken individually, was relatively minor, they were concerned by the pattern of repeated offending by a professional driver.

Members also considered the Respondent’s failure to notify the Licensing Authority of the offences in accordance with the conditions attached to the Driver’s Licence.  Two offences were not reported and the third was reported approximately six months after it occurred, rather than within the required 48-hour period.  Members were further concerned that the Respondent had incorrectly declared on their licence renewal application that they had no convictions.

The Respondent accepted full responsibility for their actions and did not seek to excuse either the offences or the failure to notify the Licensing Authority and explained they were in the midst of a divorce, lost their house, and had caring responsibility for a child and a second job.  Their partner did the admin, and so the Respondent was not fully aware of their obligations or what was required and they were not paying attention when completing the renewal application.

Members found the Respondent’s evidence to be honest and credible.  They accepted that the Respondent had experienced difficult personal circumstances during the relevant period, which had affected their ability to manage their affairs. Members also noted the steps that had been taken to improve both driving standards and administrative arrangements, together with the commitment given that there would be no repetition.

Whilst Members accepted the mitigation put forward, they concluded that the Respondent’s driving record and repeated failures to comply with licence conditions demonstrated a lack of professionalism expected of a licensed driver.  Members considered that a formal warning would not be sufficient in the circumstances. However, they were satisfied that revocation would be disproportionate, having regard to the Respondent’s honesty, remorse and insight.

Members therefore determined that a period of suspension, together with the requirement to successfully complete an advanced driving qualification, was a reasonable and proportionate response which would promote public safety and assist the Respondent in demonstrating their suitability to continue as a licensed driver.

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