CASE THREE
Page 18
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Boss loses appeal against disqualification
THE BOSS of skip hire company DJ Brotherton has lost an appeal against his disqualiication for environmental offences.
In a written decision, upper tribunal judge Alan Gamble upheld the April ruling of Eliza
beth Perrett, the deputy trafic commissioner (DTC) for the North Eastern trafic area, to revoke the haulier’s restricted O-licence from 15 May and disqualify David Brotherton in all trafic areas for ive years. DJ Brotherton held a restricted operator’s licence from 1984 for ive vehicles based at an operating centre in Otley, West Yorkshire.
In September 2011 Brotherton was convicted of ive environmental offences at Leeds Crown Court and sentenced to a total of 20 months in prison, but did not tell the TC.
He was also made bankrupt on two separate occasions in 2007 and 2009 and had failed to notify the TC about this. Brotherton’s wife informed the tribunal judges by letter that he would not be attending the appeal hearing because he had been itted with an electronic tag on his release from prison, which prevented him from leaving home before 7am.
However, Judge Gamble said: “We are satisied that she [the DTC] appropriately weighed the positive feature that the appellant had been issued with few prohibition notices along with several clearly negative features.”
Need to notify
It is important to notify the TC of any conviction or instances where a director has been made bankrupt.