To consider a report on the fit and proper status of the holder of a dual Hackney Carriage and Private Hire Drivers’ Licence.

Members considered a report that sought a review of a Torbay Council Dual Hackney Carriage and Private Hire Drivers’ Licence. The Licensing Officer advised Members that Mr Dooley had failed to meet specific requirements as set out in the current Hackney Carriage and Private Hire Licensing Policy 2018 to 2022, by failing in his duty to safeguard a vulnerable child in his care whilst conducting a school contract and also committing an offence under the Town Police Clauses Act 1847, by allowing an additional person to ride without the hirers consent.

At the hearing, Mr Dooley set out the circumstances to this and his actions in transporting another passenger whilst transporting a child to school.

Decision:

That Mr Dooley’s dual Torbay Council Driver’s Licence be revoked in accordance with Section 61(1)(b) of the Local Government (Miscellaneous) Provisions Act 1976 and that this revocation shall have immediate effect, in accordance with Section 61(2B0 of the Local Government Miscellaneous Provisions Act 1976.

Reasons for Decision:

In coming to their 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 Dooley alone.  An unequivocal and unanimous answer by Members to this question, was “no”.

Furthermore, Members unanimously resolved that as a professional driver, Mr Dooley had failed to take into consideration the safety of a vulnerable child which in their opinion, was and should have been paramount to any sense of compassionate feeling Mr Dooley may have had towards the circumstances of the additional passenger.  In allowing the additional passenger to travel at the same time without the consent of the hirer, which is a criminal offence in itself, Members noted with great concern that the additional passenger, on Mr Dooley’s own submission, was not known to him and therefore he would not have known if that individual was appropriately vetted, placing the vulnerable child at a greater risk of harm.

Members further found that Mr Dooley had made a serious error of judgement and on the evidence before them, could not be satisfied that Mr Dooley would not make again, given the seriousness of the error and notwithstanding the level of remorse shown on reflection.  As a professional driver he should have known that this was wholly unacceptable and should never have relied upon the word of an 11-year-old child that picking up another individual was acceptable. Mr Dooley should have also known that it was unlawful to convey another individual without the hirers consent and that his primary duty, at the time, was to transport the child responsibly and safely to school, under the terms of the contract.

In concluding, Members resolved to revoke Mr Dooley’s drivers’ licence with immediate effect, as they could not be satisfied that he remained a “fit and proper person” to hold a Torbay Council Dual Hackney Carriage and Private hire Drivers Licence.  In determining this, Members believed that Mr Dooley’s conduct as a professional driver had fallen below the standards, they expected of driver licenced by Torbay Council and resolved that to suspend his licence with immediate effect was in their opinion, both necessary and proportionate, to ensure public safety.