Upper Tribunal overrules TC Aitken on Enviro Kleen (Scotland) O-licence appeal


Scottish waste operator Enviro Kleen (Scotland) has won an appeal to the Upper Tribunal over an application to add an extra vehicle to its licence. The application must now be reconsidered.

The appeal originated from a refusal of the Office of the Traffic Commisioner (OTC) to accept financial information from Enviro Kleen in the form of a business account summary.

The OTC recommended to traffic commissioner (TC) for Scotland Joan Aitken that the application should be refused because the financial information in the summary “did not cover a full 28 day period, but only showed a summary of the account displaying a closing balance”.

The TC accepted the OTC recommendation but Judge Howard Levenson in the Upper Tribunal said that the summary did show the opening balance and a total of credits and debits during the 28 days.

Judge Levenson said in his written judgement: “I do not dispute the right of the commissioner to require production of every page of a bank statement and/or a document showing every transaction, or to see original rather than copy documents.

“However, to refuse an application on the basis of failure to supply information, the request for which has not been adequately itemised, is a breach of the rules of fair procedure and natural justice such as to amount to an error of law. If the commissioner requires sight of every page of a bank statement and/or a document showing every transaction, than that should be clearly spelt out.”

He added that the company’s interpretation of what the TC required was “not unreasonable” and that the TC “should clarify the information needed from the appellant” and “make a fresh decision once the applicant has had a proper opportunity to provide that information”.