Councillor Barbara Lewis was elected as Chairwoman for the meeting.

To confirm as a correct record the Minutes of the meeting of a Regulatory Sub-Committee held on 16 January 2025.

The Minutes of the meeting of the Sub-Committee held on 16 January 2025 were confirmed as a correct record and signed by the Chairwoman.

To consider a report that seeks consideration of the fit and proper status of the holder of a dual Hackney Carriage and Private 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 DVLA that a dual Hackney Carriage and Private Hire Driver’s Licence Holder had been disqualified from driving and had since received additional penalty points.  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 his disqualification and also additional DVLA penalty points issued.  

Decision

That Mr Pataki’s Torbay Council dual Hackney Carriage and Private Hire Driver’s 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.

Reasons for the Decision

Having carefully considered all the written and oral representations, Members unanimously resolved to revoke Mr Pataki’s dual Hackney Carriage and Private Hire Driver’s Licence having determined that in their opinion, he did not remain a ‘fit and proper person’ to hold a Torbay Council Driver’s Licence.

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 Applicant alone.  Members’ unanimous answer to this question was an unequivocal ‘no’. 

Members heard from the Licensing Officer that Mr Pataki had failed to inform the Licensing Department of his speeding convictions in line with Torbay Council’s Taxi Policy, or of his 6-month disqualification from driving, which had since expired, and which was only discovered by the Licensing Officer upon a routine check of the DVLA Licence database.  Further, had the Licensing Department been informed of the disqualification, Mr Pataki’s Torbay Council Driver’s Licence would have been revoked and accordingly Mr Pataki would have been required to re-apply should he wished to resume work as a Taxi Driver, licensed by Torbay Council, after the disqualification had been lifted.  

Within Mr Pataki’s oral representation he confirmed that he cannot use the internet and therefore has to rely on others to undertake such administrative tasks for him.  He could not recall who he asked to inform the Licensing Department of his disqualification but claimed that all driving convictions had been reported as required under Torbay Council’s Taxi Policy.  In response, the Licensing Officer reconfirmed that no such notifications had been received, aside from 3 points declared upon Mr Pataki’s renewal application submitted in March 2023, and that had disclosures been made, appropriate and necessary action would have been taken in accordance with the Policy, to ensure public safety.

In deliberations, Members had  ...  view the full minutes text for item 13.