To consider a report on the fit and proper status of an applicant who seeks to hold a Torbay Council Drivers' Licence.

Members considered a report that set out relevant facts relating to a applicant for a Torbay Council issued dual Hackney Carriage and Private Hire Driver’s Licence.  Members were requested to determine based on the facts before them, 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 licence.

At the Hearing the Applicant and his employer addressed Members and responded to their questions.

Decision:

That the Applicant’s application for a dual Torbay Council Driver’s Licence, be refused.

Reasons for Decision:

In coming to that 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.  The answer by Members to this question, was a unanimous and unequivocal ‘no’. 

After thorough and careful deliberations, Members could not be certain that the Applicant was a fit and proper person to hold a Torbay Council Drivers Licence. Members noted that the Applicant had not provided a written submission before the hearing, despite having had the opportunity and being asked to do so by the Licensing Officer and gave no explanation for this omission at the hearing. Omitting this opportunity in Members opinion, did not support the Applicants assertion that he had been missing doing a job which he loved. Additionally, in Members opinion, the driver appeared unprepared in his attendance at the hearing which they could reasonably have expected, given his assertion.

Furthermore, Members were unconvinced by the remorse voiced by the Applicant, and whilst he stated that he had learnt a lot since having his Torbay Council Drivers Licence revoked in December 2021, and believed himself to be a better driver in that he is more considered and careful on the road, Members could not be satisfied on the evidence before them that the Applicant would not repeat the conduct which fell well below the standard reasonably expected by them of a driver licensed by Torbay Council, and which also led to his revocation after holding the licence for less than five months to include three speeding offences on 2 August 2021, 13 September 2021 and 19 September 2021, expiring on 2 August 2024, 13 September 2024 and 19 September 2024 respectively. 

Whilst Members noted that the Applicant had not received any further penalty points since September 2021, having 9 penalty points currently, a further speeding conviction would result in the Applicant losing his DVLA issued driving licence, which was considered by Members to no doubt provide a strong deterrent, but in of itself, provided no reassurance to Members that the Applicant was fit and proper when determining public safety, which is and remains, their primary consideration.

Members gave due consideration to the Applicant’s positive character references and were pleased to note that after losing his Torbay Council Drivers Licence, he had been retained by his employer in a non-driving capacity and had found additional employment as a takeaway delivery driver. However, Members were not convinced from the Applicants brief oral representation that he had fully reflected upon the severity of the incidents that led to his revocation, and neither had he taken any action which would have demonstrated his commitment to becoming a licensed driver again and to his self-improvement. Such as, undertaking and completing successfully, an approved advanced driving course before making his application which may have provided Members with the reassurance they would be satisfied with, as to his fit and properness.

In concluding, Members could not be satisfied that the Applicant was a fit and proper person and did not feel that they had sufficient justification to deviate from Torbay Council’s Hackney Carriage and Private Hire Drivers Policy, which states at Appendix A: paragraph 7.4

In the case of a licensed driver accumulating nine or more penalty points on their driving licence, the Licensing Authority may refuse to renew, suspend, or revoke the licence. If a licence is revoked, no further application will be considered until a period of at least one year free from conviction or at least one year since the completion of the sentence (whichever is longer).

Members therefore determined that to refuse the application, was in line with the Policy, and both proportionate and appropriate in the interests of public safety.