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Drummond improvements came too late for appeal

30th November 1995
Page 19
Page 19, 30th November 1995 — Drummond improvements came too late for appeal
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Which of the following most accurately describes the problem?

• The Transport Tribunal has dismissed an appeal by Trevor Drummond, trading as Nairbank Scaffolding Services, of Ramsgate, against the loss of his licence. South Eastern and Metropolitan Licensing Authority Brigadier Michael Turner had refused to renew the sixvehicle licence on the grounds that Drummond was not fit to hold a licence.

The appeal was on the grounds that the LA had failed to give proper and adequate consideration to the question of Drummond's fitness during the public inquiry; and that he had failed to give adequate or sufficient weight to the steps taken to overcome maintenance problems.

The Tribunal said that Drummond had been granted a stay pending the appeal and he was fortunate in this, because the power to grant such a stay was confined to cases where the LA had exercised his disciplinary powers.

In this case the LA had not taken any disciplinary action which meant that, technically, he had no power to grant a stay.

It was only necessary to read the reasons given by the LA to see that he was making an assessment of Drummond's fitness during the public inquiry, the Tribunal added.

It was also plain that the LA had kept the steps taken by Drummond very much in mind. He appeared to have concluded that these steps came so late in the day, after so many warnings, that they tended to confirm that Drummond lacked the capacity to hold a licence.


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