Gwendoline Joyce Greenwood and David Greenwood (in partnership)
[2023] UKUT 229 (AAC)
Fresh Start for Hens CIC, Re
31 May 2023
[2023] UKUT 125 (AAC)
Upper Tribunal
A charity wanted a license to drive their van. Their application was missing lots of important information. The person in charge of giving out licenses said no. The court agreed because the application was too incomplete to grant a license.
Key Facts
- •Fresh Start for Hens CIC (FSFH) applied for a restricted operator's licence for one vehicle.
- •The application was incomplete and lacked several crucial pieces of information, including director declarations, a properly signed application declaration, and accurate operating centre details.
- •The Traffic Commissioner (TC) refused the application due to the incomplete nature and the inability to confirm that the applicant was fit to hold a license.
- •The applicant appealed the decision, citing errors and misinformation.
- •The Upper Tribunal (UT) considered that the deficiencies in the application were substantial, not mere errors.
- •The UT reviewed the missing information despite it being provided after the refusal.
Legal Principles
The Traffic Commissioner must be satisfied that an applicant is not unfit to hold a licence.
Section 13B of the Goods Vehicles (Licensing of Operators) Act 1995
The Upper Tribunal will only overturn a Traffic Commissioner's decision if it is plainly wrong.
Bradley Fold Travel & Peter Wright v Secretary of State for Transport (2010) EWCA Civ.695
A complete application, including all necessary declarations and information, is required to satisfy the requirements for a licence.
Section 13B and 13C of the Goods Vehicles (Licensing of Operators) Act 1995
Outcomes
The appeal was dismissed.
The UT found that the TC's decision was not plainly wrong. The application was significantly incomplete, and the applicant failed to satisfy the requirements of sections 13B and 13C of the 1995 Act. The UT lacked the power to overturn the TC's decision or grant the licence itself.