Tribunal finds that Mr Bains had not addressed concerns regarding his repute, his main occupation, or links to his father’s restricted licence
The refusal of an application for a new restricted licence by Leicester-based Mandeep Bains, trading as Midland Minibus Hire, by Traffic Commissioner (TC) Richard Turfitt has been upheld by the Upper Tribunal on appeal.
Mr Bains had sought a licence for two 16-seat minibuses. He stated that he was employed by Bains Travel for an average of 30 hours a week. 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.
Following requests for further information Mr Bains described the work to be undertaken as “school transportation mainly”. He anticipated that the generated income would be between £400-£500 per week. He said that the main drivers of the vehicles would be himself and his father, Sohan Singh Bains.
The conviction resulted from an altercation when he was a young adult. Attached were a number of wage slips from Bains Travel showing that his gross income from that employment was less than that anticipated from operating vehicles under a restricted licence.
The OTC sought further information including details of Mr Bains’ connection with Sohan Singh trading as Bains Travel and Mehboob Asmal who both held restricted licences operating from the same operating centre as that proposed by Mr Bains. His response was that whilst Sohan Singh was his father, he had no connection with Mehboob Asmal.
Mr Bains was advised that the TC was proposing to refuse his application because it failed to meet the criteria of good repute and the main occupation requirement. Mr Bains was requested to provide details of his conviction and further details of his employment and the reasons for making the application and its relationship with his father’s licence.
In his response Mr Bains did not provide any details surrounding his conviction. As for his main occupation, he said he was a taxi driver and he also worked part-time, when required, to drive for Bains Travel. He wanted to start his own company and hopefully increase his annual salary. The application was not connected to his father’s licence.
In refusing the application on the papers, the TC noted that the original application for a restricted licence made by Sohan Singh had been on behalf of a partnership with his son who at the time was unemployed.
As that was likely to be adverse when it came to the main occupation requirement, the application was changed to that of Mr Singh alone. It was unclear as to why Mr Singh was now trading as Bains Travel. He determined that the application was unreasonable and/or frivolous.
Dismissing the appeal, the Tribunal said that Mr Bains did not adequately answer the TC’s particular concerns in respect of his good repute, his main occupation or the links there might be to his father’s restricted licence.
