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 11 July 2024.

The Minutes of the meeting of the Sub-Committee held on 11 July 2024 were confirmed as a correct record and signed by the Chairwoman.

Prior to consideration of the item in Minute 4 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 on the fit and proper status of an applicant who seeks to hold a Torbay Council Driver’s Licence.

Members considered a report that set out relevant facts relating to an applicant for a Torbay Council issue dual Hackney Carriage and Private Hire Driver’s Licence.

The applicant was not present at the hearing and Members chose for the hearing to proceed in his absence, having heard details from the Officer of the correspondence and contact made with the applicant prior to the hearing.

Subsequently, Members determined the Application based on the written facts before them, pertaining to 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 a licence. 

Decision

That the application for a Torbay Council Dual Hackney Carriage and Private Hire Driver’s Licence be refused.

Reason for Decision

As the Applicant was unable to attend the hearing due to being in Birmingham, Members made an initial determination as to whether the hearing should proceed in his absence. The Licensing Officer confirmed that the Applicant had sent email correspondence to him at 06.00 hours that morning, saying that he would not be attending as the weather was too bad to undertake the drive back and requesting that his written submission that had been provided by him by email at 22.45 hours the previous day, was read out.  This was circulated to Members for their consideration.  Members were satisfied that sufficient notification of the date and time of the hearing had been given to the Applicant to gain his attendance and under these circumstances, determined unanimously that it was in the public interest for the hearing to go ahead in his absence.

Members proceeded to hear from the Licensing Officer that the Applicant had submitted an Application in August 2024 where one conviction for an out of school hours fight many years ago was disclosed. However, the certificate obtained from the Disclosure and Barring Service (DBS) showed that the Applicant had 3 convictions, all for offences involving violence, including one for assaulting a Police Officer which was the most recent conviction in June 2018.  Furthermore, in answer to the question ‘Have you ever been convicted of a driving offence’, the Applicant had answered ‘no’.  However, an examination of the DVSA driving record revealed that the Applicant had received a motoring conviction in January 2024 for an LC20 offence for driving otherwise in accordance with a licence.

Members were directed to the Taxi & Private Hire Vehicle Licensing Criminal Convictions Policy, found at Appendix A, which states at section 3.3 that for convictions for offences involving violence ‘A licence will not normally be granted until at least ten years have passed since the completion of any sentence following conviction for an offence shown below:

• Arson

• Malicious wounding or grievous bodily harm which is racially aggravated

• Actual bodily harm

• Assault occasioning actual bodily harm

• Grievous bodily harm

• Robbery

• Possession of firearm

• Possession of a weapon

• Riot

• Assault police

• Violent disorder

• Common assault

• Resisting arrest  ...  view the full minutes text for item 7.