[2025] UKUT 112 (AAC)

It was explained to Mr Happi that the jurisdiction of the Tribunal is one of review rather than rehearing and that in the circumstances, the appeal was bound to fail. The guidance notes accompanying the operator licence application make clear that if an applicant has an insolvency history, this may affect the applicant’s fitness or repute and that the applicant should provide a copy of the certificate of discharge from bankruptcy with the application. At the time the application was made, he had not even obtained the letter from the insolvency service informing him that he needed a certificate of discharge from bankruptcy. Moreover, at the date of refusal, Mr Happi had not provided any details of his bankruptcy as required. Whilst we sympathise with Mr Happi’s position, we are satisfied that at the very least he should have obtained the certificate of discharge before filing his application or asked the OTC for more time in order to file the certificate when it became apparent that he could not meet the deadline.