Wayne Coulton, Re

Wayne Coulton, Re

The Traffic Commissioner’s decision to revoke the operator’s licence was based on a material mistake of fact regarding the existence of a new operating centre, and the operator was not properly notified of all grounds for revocation, contravening regulation 9(1) of the 1995 Regulations. The Commissioner’s refusal to grant a stay was also based on improper reasoning. The revocation decision is set aside and the operator’s licence remains extant.

Parties
Appellant (licence Holder): Wayne Coulton; Respondent (decision Maker): Traffic Commissioner in North West of England Traffic Area
Jurisdiction
England and Wales
Judgment Date
28 December 2025
Procedural Posture
Appeal / Upper Tribunal Determination of Appeal Against Revocation of PSV Operator’s Licence
Outcome
Appeal allowed; revocation decision set aside.
Legal Topics
Revocation of Operator’s Licence, Material Change of Circumstances, Good Repute and Professional Competence, Procedural Fairness, Stay of Decision Pending Appeal
Administrative Law Transport Law Licensing Law Revocation of Operator’s Licence Material Change of Circumstances Good Repute and Professional Competence Procedural Fairness Stay of Decision Pending Appeal

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Parties

Wayne Coulton

Appellant (licence Holder)

Traffic Commissioner in North West of England Traffic Area

Respondent (decision Maker)

Procedural Posture

Appeal / Upper Tribunal Determination of Appeal Against Revocation of PSV Operator’s Licence

Legal Issues

  1. 1 Whether the Traffic Commissioner erred in fact and law in revoking the operator’s licence on the basis of a material change of circumstances and loss of good repute/professional competence
  2. 2 Whether the operator was denied procedural fairness by not being notified of all grounds for revocation
  3. 3 Whether the refusal to grant a stay was based on improper considerations

Ratio Decidendi

The Traffic Commissioner’s decision to revoke the operator’s licence was based on a material mistake of fact regarding the existence of a new operating centre, and the operator was not properly notified of all grounds for revocation, contravening regulation 9(1) of the 1995 Regulations. The Commissioner’s refusal to grant a stay was also based on improper reasoning. The revocation decision is set aside and the operator’s licence remains extant.

Court Disposition

Appeal allowed; revocation decision set aside.

Orders

  • The decision of the Traffic Commissioner dated 24 June 2024 to revoke operator’s licence PC0004918 is set aside.
  • No further order is made; the Appellant remains the holder of an extant operator’s licence.