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 14 February 2024 with 3 points awarded, had been found guilty of a speeding offence on 1 January 2026 with 3 points awarded, and had been found guilty of a speeding offence on 19 February 2026 with 3 points awarded, bringing the total number of points on the driver’s licence to 9.  Members also noted that not all of the offences had been reported to the Licensing Authority in accordance with the conditions attached to the Driver’s Licence.

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 course 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; and

That whilst suspended, the Respondent also read and familiarises themselves with the contents of Torbay Council’s Hackney Carriage (Taxi) and Private Hire Policy, as issued and keeps a copy of the said Policy in the licensed vehicle at all times when on duty as a licensed driver for future reference.

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 speeding offences whilst holding a Torbay Council Driver’s Licence.  Whilst each offence was relatively minor in isolation, Members were concerned that all three offences related to exceeding the speed limit and demonstrated a repeated failure to meet the standard expected of a professional driver.  Members also noted that two of the offences occurred within six weeks of each other.

The Respondent apologised to Members for the need to be here and was embarrassed by the whole situation.  They accepted full responsibility for the offences and Members found them to be open, honest and genuinely apologetic throughout the hearing.  The Respondent informed Members that their spouse had been diagnosed with skin cancer and this was stressful for everybody, and this led to the Respondent explaining that he did night shifts and that he had no complaints and received good feedback and had mentions on social media for free lifts.

Members accepted that difficult personal circumstances existed at the relevant time and took these into account.  Members also noted that the Respondent had taken steps to address the issue by fitting and using a speed limiter.

Notwithstanding this, Members remained concerned that the pattern of offending suggested a habitual failure to maintain appropriate speeds.  Members considered the Respondent’s explanations for the offences but noted that the first speeding offence resulted in proceedings before the Magistrates’ Court.  Members were not satisfied that they had been provided with a full explanation as to why the matter progressed to court.

Members were particularly concerned by the Respondent’s failure to notify the Licensing Authority of the first offence and by the delay in reporting the most recent offence.  Members noted that notification of the most recent offence was only received after the Licensing Team had requested DVLA check codes from licensed drivers as part of its routine checks. Members considered this demonstrated a lack of understanding of, and compliance with, the requirements of the Driver’s Licence and the Council’s Taxi Policy.

Whilst Members were encouraged by the Respondent’s remorse, insight and willingness to improve, they concluded that the repeated speeding offences, together with the failures to comply with the notification requirements, demonstrated a lack of professionalism expected of a licensed driver.  Members considered that a formal warning would not adequately reflect the seriousness of the matter or promote public confidence in the licensing regime.  However, Members were satisfied that revocation would be disproportionate having regard to the Respondent’s honesty, insight and otherwise positive licensed driver history.

Members therefore determined that a period of suspension, together with the requirement to successfully complete an advanced driving qualification and familiarise themselves with the Council’s Taxi Policy, 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.