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 holder of a Torbay Council issued Driver’s Licence had accumulated 9 DVLA penalty points arising from a conviction for failing to comply with traffic light signals on 2 September 2024 and two speeding offences committed on 16 April 2025 and 1 June 2026. 

Members also noted that whilst the Respondent had reported the traffic signal offence and the most recent speeding offence, he had failed to notify the Licensing Authority of the speeding offence committed on 16 April 2025.

Members received oral representations from the Respondent and a supporter on his behalf.

Decision

That the Respondent be formally warned in writing and that this warning shall remain in situ for a period of three years and that should any further issues of concern arise within that three-year period which requires the Respondent to appear before a Regulatory Sub-Committee, Members of that Sub-Committee shall be made aware of this written warning.

In addition:

1. Within three months the Respondent shall successfully undertake a RoSPA Defensive Driving Level 2 course and provide written evidence of successful completion to Torbay Council's Licensing Department; and

2. The Respondent shall read and familiarise himself with the contents of Torbay Council's Hackney Carriage (Taxi) and Private Hire Policy and keep a copy of the Policy in the Licensed vehicle at all times when on duty as a Licensed Driver.

No action shall be taken in respect of the Respondent's Hackney Carriage Vehicle Proprietor's Licence.

Reasons for Decision

Having carefully considered all the written and oral representations before them, as well as the Taxi Policy, Statutory Guidance, IoL Guidance and Button on Taxi’s.  Members resolved that the appropriate and proportionate sanction was to issue the Respondent with a formal written warning together with a requirement to successfully complete a RoSPA Defensive Driving Level 2 course and to familiarise himself with Torbay Council’s Hackney Carriage and Private Hire Licensing Policy.

In reaching their decision, Members were mindful that their overriding responsibility was the protection of the travelling public and to determine whether the Respondent remained a fit and proper person to continue to hold a Torbay Council Driver’s Licence.  Members carefully considered the statutory fit and proper person test and whether they would allow a person for whom they care, or any vulnerable person, to travel alone in a vehicle driven by the Respondent.  Members were satisfied that the Respondent remained a fit and proper person to continue holding his Driver’s Licence.

Members noted that the Respondent had accumulated nine DVLA penalty points arising from three separate motoring offences, and noted that whilst the Respondent had properly notified the Licensing Authority of the traffic signal offence and the most recent speeding offence, he had failed to notify the Licensing Authority of the speeding offence committed on 16 April 2025.

Members regarded the accumulation of nine penalty points by a professional licensed driver as a significant matter.  Licensed drivers are entrusted with the responsibility of carrying members of the public safely and are expected to maintain driving standards above those expected of the average motorist.  Members therefore considered the Respondent’s driving record and his failure to report one of the offences to fall below the standards expected of a Licensed Driver.

Members gave careful consideration to the circumstances surrounding the TS10 conviction for failing to comply with traffic signals.  The Respondent explained that he had been carrying a passenger who had become aggressive and abusive and that he had made the decision to proceed through a red traffic signal after initially stopping in order to remove himself from what he perceived to be a dangerous situation. 

Members recognised that such circumstances may have required the Respondent to make a difficult and immediate judgement as to his own safety, but were not entirely satisfied that the Respondent took the correct course of action.  Whilst Members did not excuse the offence and were concerned that the Respondent had consciously chosen to contravene a traffic signal, they accepted that the decision had been made during a stressful situation and not for personal convenience or gain.

Members were persuaded by the evidence provided by Ms Cartwright, who had known the Respondent for 6 years and spoke positively of his character and professionalism.  Members attached significant weight to this evidence, noting that Ms Cartwright would be unlikely to attend and support the Respondent unless she genuinely believed him to be a conscientious and responsible driver.

Members also noted that, unlike many cases involving non-disclosure, the Respondent had proactively reported both the traffic signal offence albeit late and the most recent speeding offence to the Licensing Authority.  Whilst Members were disappointed that one offence had not been reported in accordance with the Licence conditions, they accepted the Respondent’s explanation that this omission had occurred whilst he was dealing with the consequences of the TS10 conviction and that it had not been a deliberate attempt to conceal information from the Licensing Authority.

Members found the Respondent to be genuine, open and remorseful throughout the hearing.  He accepted responsibility for the offences, acknowledged the seriousness of his position and demonstrated an understanding of the potential consequences should he receive any further penalty points in the near future.  Members were satisfied that the Respondent had reflected on his conduct and had already taken steps to improve his driving standards by using his vehicles navigation technology to assist him in maintaining compliance with speed limits, and was going to start using his speed limiter.

Members further noted that there had been no complaints, suspensions or other disciplinary concerns relating to the Respondent during his period of licensing and that he carried out school transport work involving vulnerable children.  Whilst this fact did not amount to mitigation, Members considered it relevant when assessing the Respondent’s overall character, professionalism and suitability.

Having considered all of the evidence before them, Members concluded that a suspension would be disproportionate in the circumstances.  Members were satisfied that the Respondent understood the seriousness of the matter, that there was no evidence of deliberate dishonesty and that the public could continue to have confidence in him as a licensed driver.  Members considered that the concerns identified could properly be addressed through a formal warning and additional driver training.

Accordingly, Members determined that the Respondent remained a fit and proper person to hold a Torbay Council Driver’s Licence and Hackney Carriage Vehicle Proprietor’s Licence.  Members concluded that a written warning together with mandatory completion of a RoSPA Defensive Driving Level 2 course was a reasonable, proportionate and appropriate response to the circumstances of this case and would reinforce the standards expected of a professional licensed driver.