Licence duration
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In a recent edition of CM it was reported that the North Eastern Licencing Authority had "extended" the interim licence of a John Dee company until the end of that month.
For how long is an interim licence issued, and can it be extended or ended at the whim of the LA?
A As LA has discretion under Section 67(5) of the Transport Act 1965, to grant an interim licence if an applicant for an operator's licence asks for one at the time.
The section states that the interim licence will continue in force until the application is granted or is refused. There is no provision for it to be granted for a fixed period.
This was highlighted by the Transport Tribunal in the appeal case of Benbay Civil Engineering Group 1988 in which an LA had granted an interim licence for six months. The Tribunal said that the grant was ultra vires because there was no power in Section 67(5) to grant an interim licence for a finite period. Consequently it cannot be extended.
An interim licence can only be ended by (a) the application being disposed of or (b) action under Section 69 to revoke it.