Upper Tribunal (Administrative Appeals Chamber), December 14, 2016, [2016] UKUT 551 (AAC)

Resolution Date:December 14, 2016
Issuing Organization:Upper Tribunal (Administrative Appeals Chamber)
Actores:Bains (t/a Midland Minibus Hire) (Transport – Traffic Commissioner and DoE (NI) Appeals entries from Jan 2016 : Repute & fitness)
 
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[2016] UKUT 0551 (AAC)

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Neutral Citation Number: [2016] UKUT 0551 (AAC) Appeal No. T/2016/45

IN THE UPPER TRIBUNAL

ADMINISTRATIVE APPEALS CHAMBER

TRAFFIC COMMISSIONER APPEALS

ON APPEAL from the DECISION of

Richard Turfitt, Traffic Commissioner

for the East of England dated 27 June 2016

Before:

Her Honour Judge J Beech, Judge of the Upper Tribunal

George Inch, Member of the Upper Tribunal

John Robinson, Member of the Upper Tribunal

Appellant:

MANDEEP BAINS trading as MIDLAND MINIBUS HIRE

Attendances:

For the Appellant: Appellant appeared in person

Heard at: Field House, 15-25 Bream's Buildings, London, EC4A 1DZ

Date of hearing: 6 December 2016

Date of decision: 14 December 2016

DECISION OF THE UPPER TRIBUNAL

IT IS HEREBY ORDERED that the appeal be DISMISSED

SUBJECT MATTER:- Application for restricted PSV licence; whether the Appellant satisfied the requirements of good repute, main occupation and adequate arrangements for compliance with the law (ss.14ZB(a), 14ZC(1)(b) and s.13(3)(b) of the 1981 Act).

CASES REFERRED TO:- Bradley Fold Travel Ltd & Peter Wright v Secretary of State for Transport (2010) EWCA Civ. 695; Ladd v Marshall (1954) 1 WLR 1489

REASONS FOR DECISION

  1. This is an appeal from the decision of the Traffic Commissioner for the East of England (``TC'') made on 27 June 2016 when he refused the Appellant's application (``Mr Bains'') for a restricted PSV operator's licence.

    Background

  2. The factual background to the appeal appears from the documents and the TC's written note of his decision. By an application received on 21 September 2015, Mr Bains, trading as Midlands Minibus Hire, applied for a restricted PSV operator's licence authorising two sixteen seat minibuses. In the main occupation section of the application, he stated that he was employed by Bains Travel for an average of thirty hours a week. The address of Bains Travel was the same as Mr Bains home address. In the convictions and penalties section of the application, Mr Bains recorded that in 2009, he had been imprisoned for a period of three years for an offence of causing grievous bodily harm without intent.

  3. By a letter dated 12 October 2015, the Office of the Traffic Commissioner (``OTC''), made ten requests for further information, including details of the nature of the work to be undertaken under the licence and the projected income to be generated under the licence; details of Mr Bains' main occupation, including proof of income; details of the connection between the application and Midlands Minibus Hire...

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