Minutes:
The Applicant did not attend the meetingand did not send a representative. The Sub-Committee noted that whilst the Applicant was not in attendance, the seriousness of the allegations meant that they felt they had no choice but to continue with the review of the licence in his absence due to concerns for public safety.
Arisingfromconsiderationofthereport, evidence presentedandin accordancewith theCouncil’s procedurefor hearings,it was moved byCouncillor Rollason and secondedbyCouncillor Horner, and
RESOLVEDthat the HackneyCarriage Drivers Licencebe revokedunder Section 61 of theLocal Government (MiscellaneousProvisions) Act1976,so as to promote public safety. The Sub-Committee felt that the conductofthe Driver as setoutin theReport,supported its viewthatthey are not afitandproper personto hold sucha Licence.
Reasonsfor thedecision:
Members noted the information set out in the report and read out by the Licensing Officer who highlighted that the Sub-Committee and the Licensing Authority have a duty towards the public in ensuring licensed drivers are fit and proper. This is considered under the balance of probabilities test and if there is any doubt as to the Applicant’s fitness to be a taxi driver then a licence should not be given.
The Licensing Officer continued and explained that a licence has been granted in February 2024, and between July 2024 and August 2025, 7 complaints had been received. These complaints related to dangerous and erratic driving, incorrectly displaying plates and signage and parking on a rank in Exeter. After the first two complaints the Driver was met with and stated he was unaware that he had been driving inappropriately. He did acknowledge he was aware of the complaint relating to being incorrectly parked on a rank in Exeter. The Driver was informed that if further complaints were received CCTV footage would have to be requested and reviewed.
Following a further two complaints another meeting was held with the Driver, and a warning letter was issued setting out expectations of a professional driver and confirming the licence would be reviewed by the Licensing and Regulatory Committee if any further complaints were received.
The Driver then failed to attend a vehicle inspection with the Licensing Officer in August 2025, which had been arranged following complaints that the vehicle plates were not displayed correctly. The Driver confirmed he had not been working since 23 July 2025, due to insurance issues. Two further complaints were then received in August 2025, relating again to dangerous driving and incorrectly displayed signage.
A request from the police was then received on 28 August 2025, for further information and the issues raised by the police were 3 offences for speeding which the Driver nominated another person as being the driver at the time of the offences. A further 10 speeding offences in the Driver’s private vehicle had also been written off as the person who had been nominated had a foreign licence. The police were unable to identify the existence of this nominated driver.
A request was made to the Driver’s employer and work records were received for shifts between 19 May 2025 and 1 July 2025. The Driver was then invited for a further meeting in October 2025, to discuss the various issues that were causing concern. The Driver explained that he had been away at the time of the speeding offences and believes the person he lived with had been using his car as a taxi during this time. He had left his work badge and work mobile in his vehicle. The Driver could not provide evidence of him being away on these dates. He also had not reported the unlicensed driver to his employer. He confirmed to the Licensing Officer he had not yet read the Licensing Authority’s Hackney Carriage and Private Hire Policy, and he was still a new driver and learning.
Following this meeting the Driver provided additional information relating to the nominated driver and also how he intended to make improvements.
The Sub-Committee had no further questions for the Licensing Officer and felt that all factors combined meant that they did not consider the Driver was a fit and proper person to hold a licence.
The Sub-Committee noted that there were several concerning issues raised by the Driver’s previous conduct as had been set out in the report. The Sub-Committee were concerned by the number of dangerous driving complaints and that these had continued even after the Driver had been spoken to by the Licensing Officers. There appeared to be no evidence of the Driver modifying his behaviour.
There were also serious concerns relating to the Driver’s honesty and integrity regarding the number of speeding offences and the person being nominated by the Driver as having committed these offences. The police had been unable to trace the nominated driver, and a French address had been provided which the police were unable to use. The police also did financial checks on the nominated driver which there were no records of.
There were also further repeated failures to correctly display signage even when given instruction from Licensing Officers. The Sub-Committee again felt this showed a pattern of unwillingness to learn and modify behaviours.
The Sub-Committee noted that the Driver had not attended to provide an explanation for the concerns raised and there also seemed to be no real explanation provided by the Driver during his meeting with Licensing Officers other than blaming another person for many of the issues which they felt showed a lack of accountability.
Applyingthe testofwhether Members of the Sub-Committeewouldbehappyfora persontheycaredabout or avulnerablepersonto travel alonein avehiclewiththe Driver, it wasconcluded after significant deliberation thatthey would not. TheSub-Committee notedits overridingdutyto thepublic,and oftheimportanceof public safetyandconsideredthat,onbalance,there was significant causeto showthat the Driver was not a fitand proper persontoholda Licence due to the factors as set out in the report and presented to them at the sub-committee.
TheSub-Committeetherefore consideredgiventhecircumstancesofthis casethatit bereasonableandproportionate to revokethe HackneyCarriage Drivers Licence with immediate effect.