Councillor Barbara Lewis was elected as Chair for the meeting.

To confirm as a correct record the Minutes of the meeting of a Regulatory Sub-Committee held on 27 February 2025 .

The Minutes of the meeting of the Regulatory Sub-Committee held on 27 February 2025 were confirmed as a correct record and signed by the Chairwoman.

Prior to consideration of the items in Minute 17 and 18, 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).

To consider a report that seeks consideration of the fit and proper status of the holder of a dual Hackney Carriage and Provate Hire Drivers’ Licence. 

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

The Licensing Officer presented the report which set out information that had been received from Devon and Cornwall Police that a dual Hackney Carriage and Private Hire Driver’s Licence Holder had received five speeding offences since 24 April 2024.  The dual Hackney Carriage and Private Hire Driver’s Licence Holder had failed to meet specific requirements as set out in the current Taxi Policy 2022, by virtue of having failed to inform Torbay Council of the DVLA penalty points issued. 

Decision:

That the Respondent’s Torbay Council Driver’s Licence be suspended for a period of three 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, the Respondent must undertake and successfully complete a RoSPA Level 2 Award in Advanced Driving, or similar, and produce written evidence to that effect to Torbay Council’s Licensing Department.

Failure to do so will result in the Respondents Torbay Council Driver’s Licence being revoked with immediate effect from the date the suspension expires.

Should the Respondent successfully complete the required course within a shorter period from the date of suspension and produce sufficient evidence to that effect, the suspension will cease on written confirmation to the Respondent from Torbay Council’s Licensing Department.

Members determined, having considered all the evidence before them, that the suspension should have immediate effect, in the interest of public and customer safety, having determined that currently the Respondent was not a fit and proper person to hold a Torbay Council’s Driver’s Licence. 

Reasons for the Decision:

In coming to their decision, Members carefully considered, having been charged with the responsibility to determine the driver’s 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 Respondent alone. After some deliberation, Members’ unanimous answer to this question was ‘no’.

Members were concerned to hear from the Licensing Officer as to the repeated speeding offences committed by the Respondent which had led to the accumulation of 12 penalty points on his DVLA driving licence, all of which had occurred whilst the Respondent was on duty as a driver licensed by Torbay Council, and in an area within which he had been working as such for 8 years, and had lived for 15 years.  Members found it unlikely that the Respondent was unaware of the 30-mph speed limit, as claimed, or could not have determined this from his own investigations, and were surprised to hear from the Respondent in his oral submissions that he had relied upon incorrect advice from a friend that the speed limit for the road  ...  view the full minutes text for item 17.

To consider a report that seeks consideration of the fit and proper status of the holder of a dual Hackney Carriage and Provate Hire Drivers’ Licence. 

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

The Licensing Officer presented the report which set out information that had been received from the Respondent and Devon and Cornwall Police that the dual Hackney Carriage and Private Hire Driver’s Licence Holder had failed to meet specific requirements as set out in the current Taxi Policy 2022, by virtue of having pleaded guilty to a criminal offence under Section 2A of the Protection from Harassment Act 1997, stalking without any suggestion of fear or violence; and had failed to notify the Licensing Department of an arrest made in 2023.

Decision:

That the Respondent’s Torbay Council 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.

On the separate issue of the Hackney Carriage Vehicle Proprietor Licence, that the Respondent, notwithstanding his conviction, can continue to hold such a licence subject to all other requirements being met.

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 the respondent alone.  An unequivocal and unanimous answer by Members to this question, was “no”.

Members heard from the Licensing Officer that the Respondent had not fully complied with the requirements of Torbay Council’s Hackney Carriage (Taxi) and Private Hire Policy (Taxi Policy), in failing to notifying the Licensing Department of an arrest in 2023. Further to a separate incident, Members were tasked to determine the Respondents fitness and properness following a conviction recently received for the offence of ‘stalking without fear or violence’ to which the Respondent had pleaded guilty, but which he had reported to the Licensing Department as required.

Members heard from the Respondent that he first met the complainant in 2018 when they were a paying passenger in his vehicle, and that they had had infrequent contact in the years that followed only when their paths crossed, until a post on social media had caused them to converse, and further contact ultimately led to the Respondent being arrested, and advised not to contact the complainant again. Regretfully, he then did so whilst intoxicated and dealing with the terminal illness of a family member.

Whilst Members had some sympathy for the Respondent who felt he had received some pessimistic legal advice causing him to enter a guilty plea for a lesser offence to that which he was originally charged; and his demeanour appeared remorseful, Members found his oral presentation as to the circumstances that led to his conviction to be garbled, and did  ...  view the full minutes text for item 18.