Matthew Howarth Secures Appeal in Licensing Case
Following a trial at Tameside Magistrates Court on Thursday 5th April, Matthew successfully appealed a Local Council against a revocation of a Scrap Metal Dealers License.
The Local Council sought to apply the “Fit and Proper Person” Test commonly used for Taxi License appeals. Matthew argued that the “Fit and Proper Person” Test was not one used in the wording of the Scrap Metal Dealers Act 2013 and thus the high threshold applied to Taxi Drivers did not apply to Scrap Metal Dealers.
The “Suitable Person” test was not similar to a “Fit and Proper Person” and as a matter of law it would not be appropriate to apply a different test not envisaged by Parliament.
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