Key Facts
- •Robert Leslie Bell and Peter Erwin Bell, t/a Bell Transport, held operator's licence ON2002503.
- •Robert Leslie Bell, as a sole trader, held licence ON1114203, which was revoked.
- •The Department requested Robert Bell surrender his sole trader licence due to a change of entity to a partnership.
- •Bell did not respond, leading to revocation based on false statements, material change of circumstances, lack of effective and stable establishment, and lack of good repute.
- •Bell Transport's licence was subsequently proposed for revocation based on Robert Bell's loss of good repute.
- •Bell appealed both revocations, with the appeal against Robert Bell's individual licence being significantly out of time.
- •The Upper Tribunal allowed the late appeal, finding it just and fair given the interconnectedness of the appeals.
- •The Upper Tribunal reviewed the grounds for revocation, focusing on the burden of proof and proportionality.
Legal Principles
An operator's licence is subject to ongoing obligations, and revocation can occur at any time for reasonable cause.
NT/2013/82 Arnold Transport & Sons Ltd v DOENI
On appeal, the appellant bears the burden of showing the decision is wrong and demonstrating that the process of reasoning and application of law require a different view.
NT/2013/52 & 53 Fergal Hughes v DOENI & Perry McKee Homes Ltd v DOENI
In determining good repute, the Traffic Commissioner must focus on matters relevant to the individual's fitness to hold a licence, with proportionality between the finding and sanction.
Crompton (T/a David Crompton Haulage) v. Department of Transport North Western Area [2003] EWCA Civ 64
The burden of proof lies with the Respondent to demonstrate the grounds for revocation.
Muckit ( (2005) EWCA Civ 1124 )
Outcomes
Appeal UA-2023-000508 (Robert Bell) allowed in part.
The revocation of Robert Bell's sole trader licence was upheld, but the finding of loss of good repute was deemed disproportionate given the circumstances.
Appeal UA-2021-000275 (Bell Transport) allowed.
The revocation of Bell Transport's licence was overturned because it was based on Robert Bell's loss of good repute, which the Upper Tribunal had overturned.