Introduction
1. This is an appeal to the Upper Tribunal brought by Agri-Tel (Devon) Limited, in the person of Mr Keith Lerwill (“the appellant”). The appeal is directed towards a decision of a Traffic Commissioner (“the TC”) made on 12 December 2021, to refuse the appellant’s application for a restricted goods vehicles operator’s licence. 2. The appeal was listed to be heard before a panel comprising a Judge and two Members of the Upper Tribunal. However, shortly prior to the date of the hearing, the appellant sent a communication to the Upper Tribunal in which he indicated that he did not propose to attend. The matter was left in the hearing lists in case the appellant should change his mind. On the morning of the hearing, it became clear that one of the Members would not be able to travel to London due to significant disruption to the National Rail Network caused by excessively warm weather. It also became clear (since he did not attend) that the appellant had not changed his mind. The remaining panel members decided the appeal on the basis of the written material before it. As to that, there is nothing in legislation or any Practice Direction which actually requires a three-person panel to determine an appeal such as this and we felt able to justly do so because the issues we had to resolve in order to decide the appeal were relatively clear and straightforward.
- DECISION OF THE UPPER TRIBUNAL
- SUBJECT MATTER
- CASES REFERRED TO
- Introduction
- Some relevant legislation
- “13D. Further requirements for standard and restricted licences
- The background and the TC’s decision
- The grounds of appeal to the Upper Tribunal
- Our approach on an appeal such as this
- Our reasoning on the appeal
- Member of the Upper Tribunal