Hansard

Revocation, Etc Of Operators' Licences For Breach Of Provisions Controling Use Of Operating Centres

Volume 24: debated on Tuesday 25 May 1982

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69F.—(1) Subject to subsection (2) of this section, the licensing authority by whom an operator's licence was granted may direct that it be revoked, suspended, terminated on a (late earlier than that on which it would otherwise expire under section 67 of this Act, or curtailed on the ground that the holder of the licence has contravened section 69A of this Act or any condition attached to his licence under section 69C of this Act; and during any time of suspension the licence shall be of no effect.

(2) Section 69 of this Act shall apply as if the power to give a direction under subsection (1) of this section and the ground there mentioned were respectively conferred by and mentioned in subsection (1) of that section.

Provisions supplementary to sections 69A to 69F

69G.—(1) Any objection or representations under section 69B or 69D of this Act shall contain particulars of any matters alleged by the person making the objection or representations to be relevant to the determination of the licensing authority to which the objections or representations relate; and the onus of proof of any matters so alleged shall lie on the person making the objection or representations.

(2) any objection or representations under either of those sections with respect to any application for, or for the variation of, an operator's licence shall be made within the prescribed time and in the prescribed manner, which—

  • (a) may differ for representations from that prescribed for objections; and
  • (b) shall in either case be stated in the notice of the application published under section 63(1) of this Act or (as the case may be) under section 69D of this Act.

    • (3) In making any of the following determinations, that is to say—

  • (a) any determination with respect to the suitability of any place on environmental grounds for use as an operating centre for authorised vehicles under an operator's licence;
  • (b) any determination with respect to attaching any condition under section 69C of this Act to an operator's licence or varying or removing any condition so attached;
  • (c) any determination with respect to the effect on environmental conditions in any locality of the use in any particular manner of any operating centre of the holder of an operator's licence; the licensing authority shall have regard to such considerations as may be prescribed as relevant to determinations of that description.

    • (4) In making any such determination for the purposes of exercising any of his powers under sections 69B to 69D of this

    Act in relation to an application for, or for the variation of, an operator's licence, the licensing authority shall also have regard to—

  • (a) any information supplied by the applicant in accordance with section 69A or 69D of this Act; and
  • (b) any objections or representations duly made under section 69B or 69D.

    • (5) Notice of an application for a variation of an operator's licence published under section 69D of this Act shall contain

  • (a) an indication in the prescribed form to the effect that the grant of the application may only be opposed on either of the grounds mentioned in subsection (4) of that section;
  • (b) a description of the persons entitled in accordance with that section to make an objection or representations against the grant of the application on either of those grounds; and
  • (c) such other information as may be prescribed.

    • (6) Any statement or information to be given to a licensing authority under section 69A or 69D of this Act shall be given in such form as the authority may require.

    (7) For the purposes of sections 69D(5) (b) and 69E(3) of this Act an application for a variation of an operator's licence shall be taken to relate to an operating centre of the holder of the licence if any condition attached to the licence which the application seeks to have varied or removed relates to that centre.