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Boss loses appeal against disqualification

  • 18 September 2012
  • By Roger Brown

The boss of skip hire company DJ Brotherton, who was disqualified and had his licence revoked for environmental offences, has lost an appeal to get the ruling overturned.

In a written decision, Upper Tribunal Judge Alan Gamble upheld the April decision of Elizabeth Perrett, the deputy traffic commissioner (DTC) for the North Eastern traffic area, to revoke the haulier’s restricted O-licence from 15 May, and disqualify David Brotherton in all traffic areas for five years. 

DJ Brotherton held a restricted operator’s licence from 1984 for five vehicles based at an operating centre in Otley, West Yorkshire. 

In September 2011 Brotherton was convicted of five environmental offences at Leeds Crown Court and sentenced to a total of twenty months imprisonment, but did not notify these to the TC. 

He was also made bankrupt on two seperate occasions in 2007 and 2009, and had failed to tell the TC about this. 

Brotherton’s wife informed the tribunal judges by letter that he would not be attending the appeal hearing due to him having been fitted with an electronic tag on his release from prison, which prevented him from leaving his home before 7am.

However, Judge Gamble said: “We are satisfied that she appropriately weighed the positive feature that the appellant had been issued with few prohibition notices along with several clearly negative features.”

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Article source: http://www.commercialmotor.com:80/latest-news/boss-loses-appeal-against-disqualification