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 not find him to be entirely believable in his account. 

Despite his unblemished record of some 20 years, Members could not be satisfied that the Respondent would not repeat this behaviour and befriend another passenger and were further concerned by the Respondents failure to heed the Police warning.

Members were referred to the Taxi Policy and in particular the Criminal Convictions’ Policy found at Appendix A and whilst noting that this did not specifically include the offence of ‘stalking without fear or violence’, it was sufficiently similar to the offence of harassment which was listed. In addition, Members noted the Institute of Licensing Suitability Guidance which at paragraph 4.36 states that:

‘Where an applicant or licensee has been convicted of a crime involving, relating to, or has any connection with abuse, exploitation, use or treatment or criminal harassment of another individual irrespective of whether the victim or victims were adults or children, they will not be licensed. This includes slavery, child exploitation, grooming, psychological, emotional or financial abuse, stalking without violence, but this is not an exhaustive list.’

In concluding, Members resolved to revoke the Respondent’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 the Respondent’s conduct as a professional driver had fallen below the standards expected of driver licenced by Torbay Council and resolved that to revoke his licence with immediate effect was both necessary and proportionate, to ensure public safety.

Members further determined that the Respondent remained fit and proper to hold a Vehicle Proprietors Licence on the basis that this did not allow direct contact with members of the public.