To consider a report on whether the holder of a Torbay Council issued Driver’s licence remains a ‘fit and proper person to hold such a licence’.

Members considered a report that set out relevant facts relating to a holder of a Torbay Council issued dual Hackney Carriage and Private Hire Driver’s Licence.  Members were requested to determine the facts before them, whether or not the holder of the dual Hackney Carriage and Private Hire Driver’s Licence remained a fit and proper person to hold such licence.

The Respondent addressed Members and responded to questions.  The Respondent’s Manager accompanied him to the meeting.  At the hearing the Respondent circulated a letter from the injured persons solicitor.

Decision:

That Mr Batt remains a fit and proper person to drive a Hackney Carriage or Private Hire Vehicle and that no action be taken at this time.

Reasons for Decision:

In coming to that decision, Members carefully considered having been charged with the responsibility to determine the drivers’ licence, whether they would allow their son or daughter, spouse or partner, mother or father, grandson or granddaughter or any other person to whom they care, or any other vulnerable person known to them to get into a vehicle with Mr Batt alone.  An unequivocal and unanimous answer by Members to this question, was ‘yes’.

Members had regard to the fact that Mr Batt had notified the Licensing Office on 21 July 2021 that he had been charged with ‘driving without due care and attention’ and then subsequently advised of the outcome of the court case where he received 8 points on his driving licence, on 29 July 2021.  The Sub-Committee felt that Mr Batt had acted responsibly when involved in a collision with an elderly pedestrian who had slipped off a slope under the wheels of Mr Batt’s licensed vehicle in telephoning the emergency services and providing care and support to the injured person.  Having fully established the circumstances of the accident members were satisfied that this was an unfortunate accident and accepted that Mr Batt would not have been able to see the injured person on the ground when he edged slowly forward.  Members found Mr Batt to be genuinely remorseful and shaken up by the incident and noted that he had considered ceasing driving as a result.  However due to support from the Police and others he has been able to continue driving. 

Members acknowledged that Mr Batt had fully complied with the requirements of Torbay Council’s Hackney Carriage and Private Hire Licensing Policy 2019 - 2022 in reporting the incident and keeping the Licensing Officers updated.  He had fully retained his driving licence with the DVLA, and no complaints had been received either by his employer or the licensing authority in the 10 years he has been a Torbay Council issued Licensed Driver, or in the months since the incident, which was emphasised by his employer at the hearing, and confirmed by the Licensing and Public Protection Officer presenting the report.

It was noted that a very small part of the letter submitted at the hearing had been redacted by Mr Batt, Members felt that this was not the right thing to do but accepted, that in his current state of mind following the sad passing of his wife, Mr Batt was not intentionally trying to hide some of the content of the letter, which could be seen in any event.

In concluding, Members resolved, in light of the mitigating factors above, Mr Batt remains a fit and proper person to hold a Torbay Council Driver’s Licence and that no further action was a fair and proportionate response to a genuine accident.  Noting also that Mr Batt had taken all necessary action to support the injured person, and to co-operate with the Police, Members were satisfied that Mr Batt would continue to ensure public safety, when undertaking his driving duties.