Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 444 (AAC)

Fecha: 19-Oct-2023

The appeal is ALLOWED in part and the revocation of the operator’s licence is set aside. The matter is remitted back to the Traffic Commissioner for consideration of the outstanding variation applicat

The appeal is ALLOWED in part and the revocation of the operator’s licence is set aside. The matter is remitted back to the Traffic Commissioner for consideration of the outstanding variation application

Subject Matter: Adequacy of the propose to revoke letter; whether wording used in response to the propose to revoke letter should have been interpreted as a request for a public inquiry; suitability of operating centre; material change; stable and effective establishment; breach of licence conditions

Cases referred to: T/2010/064 JWF (UK) Ltd; 2005/57 Maynard Winspear; Pamela Hibberd (UA-2022-000538-T); Newbold v The Coal Authority [2013] EWCA Civ 584; All Saints Spring Park Parochial Church Council v Church Commissioners [2024] UKPC 23.

REASONS FOR DECISION

This is an appeal from the decision of the Traffic Commissioner for the East of England (“the TC”) made on 19th October 2023 when he revoked the standard national operator’s licence of the Appellant (“the company”) under s.26(1)(b), (e) and (h) and s.27(1) of the Goods Vehicles (Licencing of Operators) Act 1995 (“the Act”).