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 Hackney Carriage Vehicle Proprietor’s Licence.

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 illegally parking whilst waiting for a space on the Vaughan Road taxi rank.  Members noted that CCTV evidence showed the Respondent waiting in contravention of the Byelaws on 8 March 2026 and on two further occasions on 20 June 2026, despite having previously received a warning from 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 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 evidence before them, the relevant legislation, Torbay Council’s Taxi Policy, the Hackney Carriage Byelaws and the Statutory Taxi and Private Hire Vehicle Standards.

Members noted that the Respondent had held a Torbay Council Driver’s Licence since 2015 and had been consulted, along with the wider trade, regarding the introduction of the permanent three-vehicle taxi rank at Vaughan Road.  Members further noted that all licensed drivers had received several communications regarding over-ranking, illegal parking, the requirements of Byelaw 8(b) of the Byelaws in respect of Hackney Carriage and Private Hire Vehicles, and the potential for enforcement action.

Members heard evidence that the Respondent was identified by CCTV as being illegally parked and over-ranking on 28 March 2026 and was subsequently issued with a warning by the Licensing Authority.  Further CCTV footage from 20 June 2026 showed the Respondent over-ranking on two separate occasions during the same night, despite the previous warning having been issued.

The Respondent accepted that the incidents had occurred and explained that it had been a quiet night, that space was limited, and that waiting elsewhere would reduce the opportunity to obtain fares.  The Respondent also mentioned that there was a problem with three to four private hire vehicles parked up on the ranks, meaning they could not proceed onto another rank as it was full.

Members accepted that the Respondent was candid in admitting the conduct. However, they did not accept that these circumstances justified failing to comply with the Hackney Carriage Byelaws.  Members noted that the requirements of the Byelaws are clear and apply regardless of whether the night is busy or quiet.

Members were particularly concerned that the Respondent chose to continue waiting outside the rank rather than proceed to another available taxi rank as required.  They accepted the Licensing Officer's evidence that alternative ranks were available and that the Respondent's actions contributed to a problem which had generated significant complaints from members of the public and required considerable officer time to address.

Members also noted that the Respondent had previously received a warning in relation to illegal parking and that the conduct before them was not an isolated incident.  Whilst Members accepted that the Respondent stated they had not seen the earlier warning email relating to the March incident, they were satisfied that the Respondent was aware, or ought reasonably to have been aware, of the requirements of the Byelaws and the repeated communications issued by the Licensing Authority.

Members concluded that the Respondent's repeated failure to comply with the Hackney Carriage Byelaws and Road Traffic Orders was done so knowingly and demonstrated a lack of professionalism expected of a licensed driver.  Members considered that a further warning would not adequately reflect the seriousness of the matter or provide sufficient assurance that the behaviour would not continue. However, they considered revocation to be disproportionate.

Members therefore determined that a suspension of the Respondent’s Torbay Council Driver’s Licence for a period of one month was a reasonable and proportionate response which would reinforce the importance of complying with the Byelaws and promote public safety.

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.