Tawakal Foods Limited
[2023] UKUT 230 (AAC)
Able 1 Scaffolding Limited
13 July 2023
[2023] UKUT 171 (AAC)
Upper Tribunal
A company's trucking license was revoked because they didn't tell the authorities they moved and didn't respond to a warning letter. They admitted they were in the wrong, so the appeal to get the license back failed.
Key Facts
- •Able 1 Scaffolding Ltd's restricted operator's licence was revoked by the Traffic Commissioner (TC) on 4 January 2023.
- •The revocation was under s.26 of the Goods Vehicles (Licensing of Operators) Act 1995.
- •The company lost its operating centre in November 2020 due to land acquisition by Highways England.
- •The company failed to notify the Office of the Traffic Commissioner (OTC) of the change and operated from various temporary locations.
- •The DVSA attempted an inspection at the old, now unavailable operating centre.
- •A 'minded to revoke' letter was sent to the company in November 2022, but the company failed to respond due to Mr. Kearns's oversight and change of email address.
- •Mr. Kearns admitted the company's failings at the appeal hearing.
Legal Principles
Failure to notify material changes to an operator's licence is a ground for revocation.
Goods Vehicles (Licensing of Operators) Act 1995, s.26(1)(a), (1)(c)(iii), (1)(e), (1)(h)
Evidence not before the original decision-maker is generally inadmissible on appeal (but was not considered here due to the appellant’s admission).
Transport Act 1985, Schedule 4, paragraph 17(3)
Outcomes
Appeal dismissed.
The appellant admitted that the TC's decision to revoke the licence was correct in the circumstances.