[2024] UKUT 325 (AAC)

The Appellant held an operating licence (reference ON2017993) which authorised one vehicle and had an operating centre at 26 Crossdall Road, Armagh, BT60 3QL. By letter dated 10 November 2023, the Appellant sought a variation of his operating licence to authorise a new operating centre at 215 Culmore Road, Londonderry BT48 8JL. It was also requested that the operating centre be authorised to hold four vehicles and one trailer which required an increase to the authorisation on the licence.

The Appellant followed this letter up with an application on the correct form, within which he indicated that he had permission from the site owner to use the premises as an operating centre and to park the requested number of vehicles and trailers. He had advertised the application in his local newspaper, the Derry Journal, on 12 December 2023. He purported to demonstrate financial standing to the value of £21,500 as required. He provided the registration details and plated weights of each of the vehicles proposed to be included on the licence. His application confirmed the standard undertakings in making the variation application.

On 15 January 2024, a Licensing Casework Officer from the DfI Central Licensing Office wrote to the Appellant to inform him that his application was incomplete in five regards. Firstly, the advertisement could not be accepted as it had not been published within the correct 21 day timescale of the application being made. Secondly, he had to supply financial evidence in the name of PG Haulage Limited to demonstrate the company had financial standing to the sum of £21,500. Thirdly, he was asked to account for six large deposits of money on two separate dates in December 2023, which were showing on the financial standing evidence he had already submitted. Fourthly, he was asked to account for the reason why a second company director was not declared on the application. Finally, he was asked to provide an aerial image of the proposed operating centre site to assist the DfI in establishing its suitability for use. He was asked to respond with this information by 29 January 2024 or risk his application being refused. The Appellant provided all the information requested within the time frame allocated.

The Driver and Vehicle Agency (“DVA”) thereafter received a request from the Transport Regulation Unit (“TRU”) on 26 February 2024, to assess the proposed site as had concerns regarding its suitability. The DVA proceeded to conduct an operating centre assessment, including attending the site on an unannounced visit on 20 March 2024. The yard owner, who was on site during the visit, stated that no contract had been signed between he and the Appellant to rent the site. The assessment concluded that the site was capable of accommodating the number and type of vehicles requested but there were other concerns identified.

On 20 May 2024, the Casework Manager of the DfI Central Licensing Office wrote to the Appellant, as director of the applicant company PG Haulage Limited, indicating that the application to vary the operator’s license had been refused under s.12(5) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (“the Act”), as applied by s.16(6) of the Act, on two grounds:

It was further stated:

“Refusal of the application does not preclude the company from reapplying to use the same site. Evidence of availability and suitability of the surface at the time of application would be required. The Department would also need to be assured that there are allocated parking spaces for your company’s vehicles because it is a shared site, along with evidence that it is clear to other users of the premises that the allocated spaces are solely for your company’s use.

The letter set out the Appellant’s right to appeal to the Upper Tribunal. Instead of reapplying, the Appellant submitted an appeal to the Upper Tribunal to challenge the refusal decision.