The Upper Tribunal made it clear that a TC was entitled to proceed on the basis that a licence applicant was aware of the Senior TC’s statutory guidance when it dismissed an appeal by Oldham-based Anham Hussain, trading as Silver Travel, against the refusal of the Traffic Commissioner for North West England to grant his application for a one-vehicle restricted O-Licence on the grounds that he did not meet the main occupation rule.
The Tribunal said that the directions in the Senior TC’s statutory guidance stated that, historically, TCs have required the submission of bank statements for a three-month period when operators and applicants are seeking to establish availability of finance, but that approach had only given a historic analysis of the operator’s financial position and had been of limited assistance to new applicants who might only be able to establish access to the required finances for a period of one month prior to the establishment of the business.
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Licence applicants must be aware of Senior TC statutory guidance