To consider a report on the fit and proper status of an applicant who seeks to hold a Torbay Council Drivers' Licence.

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

At the Hearing the Applicant addressed Members and responded to their questions.

Decision:

Subject to the successful completion of the Knowledge Test and any other outstanding requirements under the Hackney Carriage (Taxi) and Private Hire Policy the Applicant’s application for a dual Torbay Council Driver’s Licence, be approved.

Reasons for Decision:

In coming to that decision, Members carefully consideration 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 the Applicant alone.  An unequivocal and unanimous answer by Members to this question, was ‘yes’. 

Members were reassured by the Applicants oral presentation, his openness, honesty, and clear and concise manner in which he set out the circumstances of the offence which resulted in him having 6 penalty points on his licence.  Members further noted that other than the 6 penalty points for the one incident the Applicant had an otherwise clean licence.

Following questioning the Applicant around the circumstances of the offence Members were concerned that the Applicant did not pull his vehicle over onto the hard shoulder and come to a complete stop before attempting to retrieve and reposition his fallen telephone, however accepted that the Applicant’s automatic and instinctive reaction was to want to immediately remove the potential hazard from the drivers footwell. Members further noted the Applicants view that, upon reflection, to have pulled over would have been safer course of action.

Given the severity of the offence and the impact that a conviction for a driving offence could have upon a professional driving career, Members were surprised that the Applicant did not chose to prioritise attending Court to plead mitigating circumstances above his other pressing commitments, however, did not feel that this was cause for concern.

Whilst concerns were raised as to the Applicants failure to read the Hackney Carriage (Taxi) and Private Hire Policy prior to making his application for a Torbay Council Drivers Licence, Members accepted that this was an oversight due to having previously worked as a taxi driver and assuming, albeit mistakenly, that the criteria and process had not changed. The Applicant confirmed that he had now read the Policy, and Members were reassured by the Applicants commitment in all other respects.

In concluding, Members all agreed that they found the Applicant to be believable in his account and that this was an isolated incident. It was clear that the Applicant viewed the incident as regrettable and were satisfied having heard the Applicant’s oral representation that he would uphold the professional standards they expect of a driver licensed by them and therefore saw reasonable justification to depart from the Hackney Carriage and Private Hire Licensing Policy and grant the application for a dual Torbay Council Driver’s Licence.