Agenda and draft minutes

Venue: Banking Hall, Castle Circus entrance on the left corner of the Town Hall, Castle Circus, Torquay, TQ1 3DR. View directions

Items
No. Item

38.

Election of Chair

To elect a Chair for the meeting.

Minutes:

Councillor Foster was elected as Chair for the meeting.

39.

Minutes pdf icon PDF 447 KB

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 29 January 2026.

Minutes:

The Minutes of the meeting of the Sub-Committee held on 29 January 2026 were confirmed as a correct record and signed by the Chair.

40.

Declarations of interests

Minutes:

No declarations of interest were made.

41.

Exclusion of Press and Public

To consider passing a resolution to exclude the press and public from the meeting prior to consideration of the following item on the agenda on the grounds that exempt information (as defined in Schedule 12A of the Local Government Act 1972 (as amended)) is likely to be disclosed.

Minutes:

Prior to consideration of the items in Minute 41, the press and public were formally excluded from the meeting on the grounds that the item involved the likely disclosure of exempt information, as defined in paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

42.

Review of Torbay Council Driver, Hackney Carriage Vehicle Proprietor and Private Hire Operator Licences

To consider a report on and determine whether or not a Licensed Driver is a ‘fit and proper person’ to continue to hold a Torbay Council Drivers License, Hackney Carriage Vehicle Proprietor License and Private Hire Operator License.

Minutes:

Members considered a report on the fit and proper status of the holder of a Torbay Council issued Driver’s Licence, Hackney Carriage Vehicle Proprietor Licence and Private Hire Operator Licence.

 

The Licensing Officer presented the report which set out information detailing several complaints related to the behaviour of the holder of a Torbay Council issued Driver’s Licence, Hackney Carriage Vehicle Proprietor Licence and Private Hire Operator Licence. 

 

The Respondent was accompanied at the Hearing by two associates and Members received oral representations from the Respondent.

 

Decision

 

That the Respondent’s Torbay Council dual Hackney Carriage and Private Hire Drivers’ 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(2B) of the Local Government Miscellaneous Provisions Act 1976.

 

Secondly, in relation to the Private Hire Operators Licence, the licence shall be revoked in accordance with Section 62(1)(d) of the Local Government Miscellaneous Provisions Act 1976. 

 

Reasons for Decision

 

Having carefully considered all the written and oral representations Members resolved to revoke the Respondents dual Hackney Carriage and Private Vehicle Drivers Licence and Private Hire Operators Licence having been satisfied that on the balance of probability the Respondent posed a risk to public safety and in light of the evidence before them such a decision was reasonable and proportionate.

 

In coming to their decision, Members carefully considered, having been charged with the responsibility to determine the Respondent’s suitability to continue holding either  of the licences issued by Torbay Council, whether they would allow their son or daughter, spouse or partner, mother or father, grandson or granddaughter or any other person for whom they care, or any other vulnerable person known to them, to get into a vehicle with the Respondent alone. Members unanimously and unequivocally answered “no". In accordance with the Statutory Taxi and Private Hire Vehicle Standards (2022) Paragraph 5.4 if on the balance of probability the answer is ‘no’ the individual should not hold a licence and should not be ‘given the benefit of the doubt’. If the committee or delegated officer is only ‘50/50’ as to whether the applicant or licensee is fit and proper, they should not hold a licence. The threshold used here is lower than for a criminal conviction (that being beyond reasonable doubt) and can take into consideration conduct that has not resulted in a criminal conviction.

 

Members were concerned at the number of allegations contained within the Police information. Of particular concern was the period of time (2006 – 2019 and 2021 to date) where, even though no further action was taken by the Police, there was a clear pattern of behaviour being displayed by the Respondent.  The Police information lists several reports of harassment, mirroring behaviour that the current complainants had also alleged in the evidence before Members of the Sub-Committee.

 

The Respondent’s comment that he ‘had been the unluckiest person’ demonstrated a lack of self-awareness and responsibility for his actions.  Members, when presented  ...  view the full minutes text for item 42.