Wayne Coulton (T): [2026] UKUT 49 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 28 December 2025.
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Judicial Summary
The Traffic Commissioner made a mistaken finding of fact that an operator sought to operate from a new operating centre. It was not therefore open to the Commissioner to revoke an operator’s licence on the ground that, since the licence was granted, there had been a material change of circumstances.
The Traffic Commissioner erred in law in finding that an operator was no longer of good repute and was no longer professionally competent. The Office of the Traffic Commissioner’s proposal to revoke letter made no mention of good repute nor professional competence and therefore contravened the requirement in regulation 9(1) of the Public Service Vehicles (Operators’ Licences) Regulations 1995 to state the grounds on which revocation was under consideration. The operator had no opportunity to make representations about his good repute and professional competence.
In refusing to grant a stay of a decision to revoke a licence, the Traffic Commissioner noted, “it is natural that a Traffic Commissioner will consider the likelihood of success of an appeal to be low, otherwise why would the decision have been made in the first place”. This was an improper consideration. In exercising the power to grant a stay under section 50(6) of the Public Passenger Vehicles Act 1981, Commissioners must accept that, on occasion, they make mistakes.