What happens when you go to a public inquiry.
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The people who can attend and make representations at a Public Inquiry are governed by the Operators Licensing Regulations and at the discretion of the Licensing Authority conducting the Inquiry. Primarily they include:
'The applicant/licence holder (the operator or proposed operator); *The objector (if his objection is valid or the LA has exercised his discretion and allowed him to appear; *The representor (if the representation is valid or the LA has exercised his discretion and allowed him to appear); 'The Transport Manager (if there are issues which affect his good repute or professional competence);
*Any other person at the discretion of the LA. These people can appear on their own behalf .They can also be represented by a lawyer or by any other person if the LA gives his permission. A Public Inquiry is, by definition, open to any member of the public who wishes to attend and listen. But only those entitled to appear have the right to address the Licensing Authority, call evidence and cross-examine the evidence of others.
Some or all of the inquiry may be held in private if the LA so directs. He may do this to protect intimate personal or financial circumstances; commercially sensitive information; or information obtained in confidence or in exceptional circumstances—if it is just and reasonable to do so.
The LA may exclude all but the operator/holder of the licence and his representatives. When the LA of the Traffic Area decides to call an inquiry he will, through his staff, give the required notice of 21 days of the date of the hearing. All too often, however, an operator or licence holder hears about the public inquiry not from the Traffic Area but from a transport consultant offering his services to represent the operator. How does the consultant find out before the operator? There's no mystery: the LA is obliged to publish a list of operators/licences holders who have been called to a public inquiry in a publication called "Applications and Decisions". This notice gives the reason, date and venue of the inquiry. A letter calling the operator to a public inquiry may vary in content and format, depending on the licensing area which covers the place where the operator resides or has his operating centre. It may detail which legislation may be referred to at the inquiry, empowering the LA to conduct the inquiry; to discipline the operator; to consider matters which he can take in to consideration including regulations on repute, fitness and the right of the operator to hold a community authorisation. This means the letter can be lengthy; it may look formidable to the unsuspecting operator. Among the lengthy legal content will be a section on "evidence against the operator and the factual issues he will deal with". These will detail, with references to annexed documents, alleged infringements; noncompliance with statement of intent; imposition of GV9s; convictions; bad maintenance records; tachograph infringements; speeding and so on. The public inquiry will be held primarily because there appears to be grounds for: 'Not granting the new licence requested; • Not granting the variation of an existing licence; *Taking disciplinary action against an existing licence; 'Revoking the licence because statements of intent given when the licence was obtained have not been fulfilled.
A refusal to grant or a revocation cannot take place without giving the applicants seeking a renewal, or the holder of an existing 0-licence, the right to have the issues determined by a public inquiry. In other words, public inquiries are important to business survival and time is of the essence. Unlike the criminal courts the operator/applicant cannot usually get an adjournment. In a bad maintenance case there may be grounds for granting an adjournment—if the operator lays up his vehicles until the new date.
Preparation for the inquiry is all important. Get the right advice—check with the Traffic Area to find out who regularly represents operators in this area and thus has the experience.
Every LA or Deputy LA has his view on how operators should behave and what action should be taken against offenders at public inquiries. What may result in a revocation in one area may not in another. Check with the local trade associations such as the RHA, FTA and Bus and Coach Council for the right advocate.
If you attend an inquiry go prepared: it could be vital to your case and your business. The LA will only consider the evidence you produce on the day. It is up to you as the person wanting the 0-licence, or to stay in business, to prove your case. If there is doubt it goes against the granting of the licence or in favour of its revocation.
With repute, for example, there is no half way house. You have either got your repute or you have lost it, and if you lose your repute you lose your licence. It is no good saying: "Well I do have maintenance records but they are back at the office." If the relevant records are not available the LA cannot accept that. Similarly, telling the LA: "I have got adequate financial standing but I have not brought any accounts with me or any bank statements" will not be sufficient. It is up to you to satisfy him. If you don't, then you don't remain in business.
At an appeal to the Transport Tribunal an operator will not, except in exceptional circumstances, be allowed to produce any evidence which was not produced at the original inquiry. Remember therefore that the operator or licence applicants for a get one chance and needs to get it right on the day. You have 21 days to prepare for the hearing. You need expert advice from those who are to act for you because it is not what you do on the day it is what you do before the hearing that decides whether you get or keep the licence and thus remain in business.