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P TRANSPORT TR1BUN4,
Page 11
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Kyle Seafoods Loses its 0-licence refusal appeal
By Dominic Perry
A SCOTTISH FIRM that was refused an 0-licence after -extensive. deliberate operation without a valid operator licence" has lost its appeal against the decision.
Joan Aitken. the Scottish TC, decided not to grant the restricted 0-licence to Kyle Seafoods for two vehicles in August after evidence emerged that the firm had run two 7.5-tonners for a year without a valid 0-licence.
At the appeal tribunal, Stephen O'Rourke, for the company, argued that Kyle boss Brian Philp was a long-standing operator and that it was not reasonable to refuse the licence if he explained his shortcomings and apologised.
However, the tribunal disagreed. It says: -Mr Philp had been clearly told about unauthorised use, but had not stopped over a long period of time, even when caught several times."
It ruled that this constituted "unfair competition... for commercial gain".
Refusing the appeal, it adds: "Mr Philp had brought the sanction for unauthorised use on himself."