To consider a report that seeks a Review of a Torbay Council Drivers’ Licence.

Members considered a report that sought a review of a Torbay Council Drivers’ Licence.  At the hearing Members received a representation from the Licenced Driver.

Decision

That Mr Johnston’s Torbay Council Driver’s Licence be suspended for a period of six 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, Mr Johnston must undertake and successfully complete an anger management course and produce written evidence to that effect to Torbay Council’s Licensing Department.  Failure to do so will result in Mr Johnston’s Torbay Council Driver’s Licence being revoked with immediate effect.

Should Mr Johnston successfully complete the anger management course within a three month period from the date of the suspension and produce evidence to that effect, then the period of suspension will be reduced by a period of three months.

Reasons for Decision

Having carefully considered all the oral and written Representations, Members resolved to suspend Mr Johnston’s driver’s licence having unanimously voted in their opinion that he did not remain a ‘fit and proper person’ to hold a Torbay Council Driver’s Licence. 

In coming to that decision, Members applied the test set out in Appendix A, section 1.2 at page 26 of Torbay Council’s current Hackney Carriage and Private Hire Licensing Policy. In addition Members noted that the further incidents before them had occurred despite a formal written warning being given to Mr Johnston for historic complaints which were of a similar nature, the time frame and repetitious nature and number of those further incidents and that they all occurred whilst Mr Johnston was on duty as a driver licensed by Torbay Council.

Members gave careful consideration to the oral submissions put forward by Mr Johnson in respect of his personal circumstances and how this had led to his conduct, the informal support he had received from a friend and the three character references submitted by him. In balancing this with their primary duty to ensure public safety, Members resolved that they could not be satisfied that Mr Johnston would not repeat conduct which fell well below the standard reasonably expected by them of a driver licensed by Torbay Council without undertaking an anger management course. Their reasoning for this determination is that in their opinion Mr Johnston was the aggressor, his behaviour was at best discourteous but more importantly, in some of the incidents, dangerous which could easily have resulted in serious injury to members of the public and/or other road users.

Despite finding himself before a Licensing Committee, Members were seriously concerned that Mr Johnston showed little remorse or responsibility for his conduct but instead, continued to disproportionately justify his actions in respect of most incidents. This in their opinion cemented their fear that if Mr Johnston’s driver’s license was not suspended for a period of time so that he could undertake an anger management course which would hopefully address the unacceptable conduct he had displayed over a prolonged period of time, Mr Johnston would remain a risk to public safety.

Upon successful completion of the course, Members hoped that Mr Johnston would be able to return to work as a licensed driver and be capable of fulfilling the standards reasonably expected by them of a driver licensed by Torbay Council.

In concluding, Members gave careful consideration to revoking Mr Johnston’s driver’s licence but resolved in this instance that a suspension with a requirement to undertake an anger management course was appropriate and proportionate, and gave Mr Johnston the opportunity to demonstrate the he was someone who could become fit and proper to hold such a licence.

In coming to the decision that Mr Johnston’s driver’s licence should be suspended with immediate effect, as in accordance with section 61 (2B) of the Local Government Miscellaneous Provisions Act 1976, Members resolved that despite being given a formal written warning by the Licensing Authority for similar conduct, Mr Johnston’s unacceptable conduct had continued and if they did not impose the suspension with immediate effect as they have, there was in their opinion a real risk to the safety of the public and other road users.