Anthony Hazell
[2023] UKUT 150 (AAC)
Carmel Coaches Ltd, Re
24 August 2024
[2024] UKUT 268 (AAC)
Upper Tribunal
A bus company owner repeatedly broke rules and didn't admit to their mistakes. The government refused to give them a licence to run buses again. The court agreed with the government, saying the owner needed to show they had changed before getting a licence back. Even though the owner had the right qualifications, the past bad behavior was enough to stop them from getting a license.
Key Facts
- •Carmel Coaches Ltd, directed by Mr. Hazell, had a history of regulatory breaches resulting in licence revocations and refusals.
- •Mr. Hazell had been disqualified from acting as a transport manager.
- •Carmel Coaches Ltd applied for a standard international operator's licence to operate a single vehicle with Mr. Hazell as transport manager.
- •The Traffic Commissioner refused the application due to concerns about Mr. Hazell's lack of good repute and the company's past failings.
- •Mr. Hazell appealed the decision to the Upper Tribunal.
Legal Principles
An individual can lack good repute even without criminal convictions.
Paragraph 1(9), Schedule 3 to the PPVA 1981
The Traffic Commissioner's assessment of a witness's impression is given significant weight on appeal.
Biogen Inc. v. Medeva Ltd [1997] RPC 1
A company's professional competence depends on its transport manager's good repute and professional competence.
Paragraph 3, Schedule 3 to the PPVA 1981
A transport manager's professional competence is established by holding the necessary qualification.
Paragraph 6(1), Schedule 3 to the PPVA 1981
Good repute requires genuine acknowledgement of past failings.
Case law and Commissioner's findings
Outcomes
The appeal was dismissed.
The Upper Tribunal upheld the Traffic Commissioner's decision, finding that Mr. Hazell had not demonstrated good repute due to his failure to genuinely acknowledge past failings. The Tribunal also found that even if there was a mistake on professional competence, the lack of good repute was sufficient to refuse the license.