Upper Tribunal Administrative Appeals Chamber

[2023] UKUT 172 (AAC)

Fecha: 09-Jun-2023

The decision appealed against

The decision appealed against

The appellants (Nirwan Ltd and Mr Nirwan) appealed to the Upper Tribunal against a written decision (the “decision”) of the Traffic Commissioner (the “TC”) dated 5 May 2022

(a)

revoking two licenses held by Nirwan Ltd (OK1132138 and OF2031245) with effect from 23:45 on 4 July 2022 (pursuant to “adverse findings” under s26(1)(f) and (h) and s27(1)(a) and (b)),

(b)

disqualifying Mr Nirwan from acting as a transport manager on any operator licence for a period of three years from 23:45 on 4 July 2022; this was done upon a finding that Mr Nirwan no longer satisfied the requirements of s13A(3) to be of good repute, in accordance with Schedule 3; and a finding that he was unfit to manage the transport activities of an undertaking, and

(c)

disqualifying Nirwan Ltd and Mr Nirwan from holding or obtaining an operator’s licence or being engaged in the management, administration or control of any legal entity that holds an operator’s licence in Great Britain for a period of three years from 23:45 on 4 July 2022 (as provided for by s28).

The TC later directed (under powers in s29(2)) that the decision not take effect until the appellants’ appeal to the Upper Tribunal had been disposed of.

By way of explanation of the statutory references in the decision:

(a)

under s26(1), the TC may direct that an operator’s licence be revoked on grounds including that any undertaking recorded in the licence has not been fulfilled (this is (f)) and that since the licence was issued there has been a material change in any of the circumstances of the licence-holder that were relevant to the issue of the licence (this is (h));

(b)

under s27(1), the TC shall direct that a standard licence be revoked if at any time it appears to her that (a) the licence-holder no longer satisfies one or more of the requirements of s13A (Requirements for standard licences), or (b) the transport manager designated by the licence-holder no longer satisfies one or more of the requirements set out in paragraph 14A(1) and (2), or (1) and (3);

(c)

s13A(2)(b) requires that the TC be satisfied that the applicant is of good repute (as determined in accordance with paragraphs 1 to 5);

(d)

s13A(3) requires (where the applicant is not an individual) that the TC be satisfied that the applicant has designated a suitable number of individuals who satisfy the requirements set out in paragraph 14A(1) and (3);

(e)

under paragraph 14A(1)(c), a transport manager must be of good repute (as determined in accordance with paragraphs 1 to 5);

(f)

under paragraph 1, in determining whether an individual is of good repute, the TC may have regard to any matter but shall, in particular, have regard to (amongst other things) any information in her possession which appears to her to relate to the individual’s fitness to hold a licence;

(g)

under s28 (Disqualification), where, under section 26(1) or 27(1), the TC directs that an operator's licence be revoked, the TC may order the person who was the holder of the licence to be disqualified (either indefinitely or for such period as the TC thinks fit) from holding or obtaining an operator's licence; and where the TC makes such an order in respect of any person, the TC may direct that if that person, at any time or during such period as the TC may direct, is a director of, or holds a controlling interest in, a company which holds a relevant licence (or its subsidiary), the licence of that company shall be liable to revocation, suspension or curtailment under s26.