![[2024] UKUT 325 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
THE APPEAL IS DISMISSED
THE APPEAL IS DISMISSED.
Subject matter:
Variation of operator’s licence. Variation of operating centre. Availability and suitability.
Cases referred to
Fergal Hughes v DOENI & Perry McKee Homes Ltd v DOENI [2013] UKUT 618 AAC NT/2013/52 & 53; Bradley Fold Travel Ltd & Anor v Secretary of State for Transport [2010] EWCA Civ 695. Clarke v Edinburgh & District Tramways Co Ltd [1919] UKHL 303; (1919) SC (HL) 35; 56 SLR 303.
REASONS FOR DECISION
This is an appeal to the Upper Tribunal brought by Mr Shaun Gallagher (“the Appellant”), on behalf of PG Haulage Limited (“the Appellant company”) against a decision of the Department for Infrastructure for Northern Ireland (“the DfI”), dated 20 May 2024. The decision was to refuse an application to vary the operator’s licence held by the Appellant company (reference ON2017993).
The appeal was considered at an oral hearing, at the Tribunal Hearing Centre within the Royal Courts of Justice, Belfast, on 19 September 2024. The Appellant was in attendance and was accompanied by Mr Martin Gallagher by way of support. He was unrepresented. The Respondent was not represented as is usual for this type of hearing.