The Upper Tribunal has quashed a decision that Paul Bamber base his minibus at a sports and social club
The Upper Tribunal has quashed a decision that Ellesmere Port-based Paul Bamber base his Mercedes-Benz Sprinter minibus at the premises of a sports and social club, and directed that it can be kept at his new residential address in Great Sutton.
In January 2021, as a result of moving house, Mr Bamber applied to change the operating centre to his new residential address.
Previously, there were two operating centres authorised on the licence, his former residential address and the Whitby Sports and Social Club, because at that time he owned and operated two vehicles.
He now operated only one vehicle, providing a minibus service to drive clients and customers to and from sporting events and pick them up from Liverpool city centre.
In his grounds of appeal, Mr Bamber said that his current home address was more suitable and safer to operate one minibus from than operating from the third party site, which held many functions and events and had a high footfall from the general public at many times of the day and night.
The Tribunal said that the Traffic Commissioner (TC) had failed to address the suitability and safety of the new residential address as an operating centre.
That was the real and key issue to be decided by the TC which he failed to do adequately or at all. It noted that the TC did not appear to have conducted a site visit. There have been no objections from neighbours, and it accepted that all risks could be adequately and safely mitigated having had due regard to the photographs and plan provided.
