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The licence revocation appealed against, and the stay
The licence revocation appealed against, and the stay
The appellant appealed to the Upper Tribunal against the TC’s revocation (the “revocation”) of its standard licence under s17 with effect from 22 May 2024, notified in a letter from the Office of the TC (“OTC”) of that date. The revocation was on the ground that the appellant no longer had appropriate financial standing, and so no longer satisfied the requirement of s14ZA(2)(c). (Under s17(1)(a), the TC must revoke a standard licence if the holder no longer satisfied the requirements of s14ZA(2)).
OTC’s letter of 22 May 2024 also
refused the appellant’s request that the “period of grace” it had been granted be extended; and
referred to the appellant’s request for a public inquiry and stated that the TC did “not consider that revocation of the licence should be deferred in order to allow such a hearing to be convened”.
The appellant appealed to the Upper Tribunal against the revocation and, in a decision issued on 27 June 2024, the Upper Tribunal directed (under s50(8)) that the revocation shall not have effect until the appeal is disposed of.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. We order that the Traffic Commissioner’s revocation of Britannia Bus Ltd’s operator’s licence, notified in a letter of 22 May 2024, be set as
- The licence revocation appealed against, and the stay
- Jurisdiction of the Upper Tribunal
- The Upper Tribunal hearing
- Relevant background law
- Background to the revocation in this case
- The appellant’s case
- Why the revocation falls to be set aside
- Conclusions