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Torbay taxi driver suspended six months after secretly accumulating nine DVLA points


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A Torbay Council licensed taxi driver has been suspended for six months with immediate effect after accumulating nine penalty points on his DVLA licence and failing to notify the authority as required under local policy.


The decision was taken at a meeting of Torbay Council’s Regulatory Sub-Committee held on 29 January 2026 at the Town Hall in Torquay. Members considered a review of the driver’s dual Hackney Carriage and Private Hire Driver’s Licence after he was convicted of a speeding offence on 10 August 2024, receiving three penalty points, and a separate offence relating to control of a vehicle on 4 February 2025, resulting in six points.

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The total of nine points triggered the review. Members also heard that the driver had failed to inform the licensing authority of the offences within 48 hours, as required under Torbay Council’s Hackney Carriage and Private Hire Licensing Policy.


The sub-committee resolved to suspend the licence for six months under Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976. The suspension was imposed with immediate effect under Section 61(2B) of the same Act. During the suspension period, the driver must complete a RoSPA Level 2 Award in Advanced Driving, or an equivalent qualification, and provide written evidence of completion to the licensing department. He must also familiarise himself with the council’s taxi policy.


Licensing sub-committee takes action over motoring offences and policy breaches, while other drivers receive warning and approval


In setting out its reasoning, the committee applied the established ‘fit and proper person’ test, considering whether members would allow a family member or vulnerable person to travel alone in a vehicle driven by the respondent. On the balance of probabilities, members unanimously concluded they would not. While noting the driver’s explanation, including reference to dyslexia, members determined that responsibility for compliance with licence conditions remained with the licence holder.


At the same meeting, a second dual-licensed driver who had also accumulated nine DVLA penalty points avoided suspension but was issued with a formal written warning to remain on record for three years. Her offences included failing to comply with traffic light signals in August 2024 and two separate speeding offences in March and July 2025.

In that case, members again applied the fit and proper person test and concluded unanimously that they would allow a vulnerable person to travel with the driver. She was required to complete a RoSPA Level 2 Award in Advanced Driving within three months and to retain a copy of the council’s taxi policy in her vehicle while on duty.


The sub-committee also approved an application for a new dual Hackney Carriage and Private Hire Driver’s Licence from an applicant who had received two police cautions in May 2025 relating to a single incident involving assault of a constable and the use of threatening or abusive behaviour. Members were satisfied the incident was isolated, noted the applicant held a clean driving licence and a personal alcohol licence without issue, and accepted positive character references. They determined he met the fit and proper person threshold and justified a departure from policy.


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