Able 1 Scaffolding Limited
[2023] UKUT 171 (AAC)
Tawakal Foods Limited
2 August 2023
[2023] UKUT 230 (AAC)
Upper Tribunal
A food company's truck licence was revoked because they didn't follow the rules. They didn't keep good records, and used a place to park their trucks that wasn't allowed. They didn't show up to court to explain, so the judge upheld the revocation.
Key Facts
- •Tawakal Foods Limited's restricted operator's licence was revoked by the Traffic Commissioner for the South Eastern and Metropolitan Traffic Area.
- •The revocation was based on findings under sections 26(1)(a)(e)(f)(h) of the Goods Vehicles (Licensing of Operators) Act 1995.
- •The key issues were operating from an unauthorised operating centre and a lack of systems, record-keeping, and inspection.
- •The operator failed to attend the appeal hearing.
- •The operator claimed to have made an application to change their operating centre in 2020, but insufficient evidence supported this claim.
- •The operator's record-keeping and compliance were deemed unsatisfactory in a desk-based assessment.
Legal Principles
Grounds for revocation of an operator's licence
Goods Vehicles (Licensing of Operators) Act 1995, section 26(1)
Proportionality of licence revocation
Priority Freight [2009] UKUT 225 (AAC)
Consideration of subsequent improvements
Transport Act 1985, Schedule 4, paragraph 17(3)
Outcomes
Appeal dismissed
Insufficient evidence to support the appeal; the Traffic Commissioner's decision was justified.