[2024] UKUT 226 (AAC)

This is an appeal to the Upper Tribunal brought by Mr John Stuart Strachan t/a Strachan Haulage (“the Appellant), against a decision of the Deputy Traffic Commissioner for Scotland (“the DTC”), dated 14 July 2023. The DTC revoked the Appellant’s operator’s licence under s.26(1)(b) of the Goods Vehicles (Licensing of Operators) Act 1995 (“the Act”) (breach of licence condition), s.27(1)(a) of the Act (operator no longer of good repute), and under s.27(1)(b) of the Act (transport manager no longer of good repute). The Appellant was disqualified from holding an operator’s licence for ten years under s.28(1) of the Act and it was ordered that if he was to become a director of a company or hold a controlling interest in any company that holds an operator’s licence (or subsidiary or partnership) that licence would be liable for revocation, suspension or curtailment under s.26 of the Act. It was further ordered that the Appellant, as transport manager, had lost his good repute and was disqualified indefinitely from acting as a transport manager, under paragraph 15 of Schedule 3 to the Act. The order came into force at 2359hrs on 16 September 2023.

The Appellant made an application to appeal the decision of the DTC which was received by the Upper Tribunal on 10 August 2023. It was in time. The Appellant applied for a stay pending the outcome of the appeal, but this was refused by the DTC on 11 August 2023. He re-applied to the Upper Tribunal for a stay, and was again refused by Upper Tribunal Judge Mitchell on 24 August 2023.

The appeal was considered at a hearing, at the Employment Appeal Tribunal Building in Edinburgh, on 16 April 2024. The Appellant attended and was represented by Mr J Backhouse from Backhouse Jones Solicitors. The Respondent, as is common practice, was not represented at the hearing.