Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 398 (AAC)

Fecha: 10-Oct-2024

The appeal is allowed

The appeal is allowed.

The decision of the Traffic Commissioner of 17 January 2024 to revoke Excell Logistics Ltd’s operating licence, and to disqualify both it and Miss Kufandirori, is set aside.

The matter (of whether Excell Logistics Ltd’s licence should be revoked, and whether it, and/or Miss Kufandirori, should be disqualified) is remitted to a different Traffic Commissioner to rehear (at a public inquiry) and determine.

Subject matter

Revocation of licence

Disqualification

Procedural irregularity; rules of natural justice

Cases referred to

Bradley Fold Travel Ltd & anor v Secretary of State for Transport [2010] EWCA Civ 695

OC International Transport Ltd v Dept of Environment Northern Ireland [2014] UKUT 0346 (AAC)

Serafin v Malkiewicz [2020] UKSC 23

REASONS FOR THE DECISION

The decision appealed against

In what follows, (unless the context otherwise indicates) references to “sections” (or “s”) or “Schedules” are to sections of, or schedules to, the Goods Vehicles (Licensing of Operators) Act 1995.

The appellants appealed to the Upper Tribunal against a decision of a deputy Traffic Commissioner (the “TC”) dated 17 January 2024, following a public inquiry on 11 January 2024. The decision

(a)

revoked the licence of Excell Logistics Ltd under s27(1), upon losing good repute and failing to demonstrate professional competence (we note that s27(1)(a) requires a TC to direct revocation of a licence where the licence-holder no longer satisfies a requirement of s13A, or a transport manager no longer satisfies certain requirements in paragraph 14A of Schedule 3); the decision cited both s13A (sub-section (2)(b) of which requires the applicant to be of good repute) and paragraph 14A of Schedule 3 (which, amongst other things, requires that a transport manager be professionally competent)

(b)

disqualified both appellants under s28 from holding or obtaining an operator’s licence for a period of 12 months (we note that under s28(1), the TC had the power to disqualify Excell Logistics Ltd, as the holder of the licence that had been revoked, and that under s28(5), the TC had the power to disqualify Miss Kufandirori, as a director of Excell Logistics Ltd)

(c)

ordered that the above take effect from 00.01 on 1 February 2024.