Councillor Barbara Lewis was elected as Chair for the meeting.

To receive apologies for absence, including notifications of any changes to the membership of the Sub-Committee.

It was reported that the membership of the Sub-Committee had been amended for this meeting by including Councillor Foster instead of Councillor Johns.

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

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 Applicant alone.  An unequivocal and unanimous answer by Members to this question was ‘no’.  

As the Applicant failed to arrive for the hearing, Members made an initial determination as to whether the hearing should proceed in his absence. The Licensing Officer confirmed that the Applicant was sent a letter to his home address on 23 May 2024 detailing the time, date, and location of the hearing to which no response was received. Considering the lack of response to the letter, the Licensing Officer had telephoned and spoken to the Applicant the day prior to the hearing who confirmed that he would attend. The Licensing Officer had followed up the conversation with an email which stated that failure to attend the hearing may result in the matter being heard in his absence. Members were satisfied that sufficient steps had been taken by the Licensing Officer to notify the applicant of the hearing and 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 made the appropriate disclosure within his application, resultant in criminal convictions with the Enhanced Disclosure and Barring Service (DBS) check showing that the Applicant held 22 convictions in total made up of 8 violent offences, 1 drug offence, 8 dishonesty offences, and 5 major traffic offences, all committed between 2007 and 2017.  Whilst the Applicant had stated within his application, that he had many convictions as a juvenile, the DBS showed that only 6 of the 22 convictions were determined by the Juvenile Court.

Members were directed to the Taxi & Private Hire Vehicle Licensing Criminal Convictions Policy (the Policy), found at Appendix A of the Taxi Policy, which states at section 2.3 that

‘A licence will not normally be granted if an Applicant has more than  ...  view the full minutes text for item 3.