Key Facts
- •Slemish Group Ltd held a standard international goods vehicle operator's licence.
- •The licence was granted on 21 November 2016 and authorised 3 vehicles.
- •The company failed to specify a vehicle on its licence for an extended period.
- •A vehicle was eventually added, but it was recorded as SORN (Statutory Off Road Notification) and had an expired MOT.
- •The company failed to provide evidence of financial standing as requested.
- •The company applied to surrender the licence but the Department revoked it.
- •The appellant did not appear at the oral hearing.
Legal Principles
An operator's licence requires continuous compliance with relevant requirements, including having at least one vehicle registered or in circulation.
Regulation (EC) No 1071/2009, Article 5(b)
A licence can be revoked at any time if the licence holder no longer meets the requirements for holding a licence.
Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010, Sections 23 and 24
Operator licensing is based on trust and continuous compliance with the regulatory regime.
NT/2013/82 Arnold Transport & Sons Ltd v DOENI
On appeal, the appellant bears the burden of demonstrating the decision was wrong. The appeal is a review, not a rehearing.
NT/2013/52 & 53 Fergal Hughes v DOENI & Perry McKee Homes Ltd v DOENI; Bradley Fold Travel Ltd & Peter Wright v Secretary of State for Transport [2010] EWCA Civ. 695
Outcomes
Appeal dismissed.
The Department's decision to revoke the licence was not 'plainly wrong'. The appellant failed to meet the continuous requirements for holding a licence, including having a roadworthy vehicle and demonstrating adequate financial standing. The failure to respond to requests for financial information also contributed.