Smiths Logistics loses O-licence appeal bid
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By Roger Brown
DERBYSHIRE HAULIER Smiths Logistics has lost its appeal bid for an O-licence, despite being able to show the Judge it met inancial standing requirements.
In October 2009, director Daryl Smith was granted an interim licence for the Swadlincote business, authorising six vehicles and the same number of trailers.
Smith’s father had created a start-up fund that had been adequate to meet the inancial standing requirement for the initial interim.
However, in December 2010, following a public inquiry (PI) the previous month, Simon Evans, North Western Deputy Trafic Commissioner (DTC), refused a full licence application from the company.
The DTC said that average bank balances at the business for the period from June to October 2010 had fallen “well below the required igure”.
Smith appealed the DTC’s decision saying that, for a month before the PI, the business had achieved the requisite inancial standing after a family member had lent the company extra funds.
Additional bank statements also showed healthy balances following the PI.
However, Upper Tribunal Judge Mark Hinchliffe says that the company’s interim O-licence for four vehicles and four trailers would end on 18 June.
He adds: “We are not permitted to admit evidence of circumstances arising after the date of the PI. The appellant now has time to make a fresh application, which should be properly supported by clear and cogent evidence of inancial standing.” Daryl Smith had previously been involved with a company called Automotivated, which went into liquidation owing more than £80,000.