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Business ran for three years with no 0-Licence
Page 22
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TC finds out that a director of a failed seafood business had started up again under new name.
AN OPERATOR THAT ran a seafood business for three years without an 0-licence has lost out in its bid for a new, two-vehicle, restricted licence.
Kyle Seafoods, based in Kyle of Lochalsh, had applied to the Scottish Traffic Commissioner Joan Aitken for authority to run the business.
The TC said that Kyle director Brian Philp had been a director of Amazon Seafoods (UK), which had gone into voluntary liquidation in 2006.
That had not been notified to the Traffic Area Office, nor had the licence and licence discs been returned.
The 0-licence for Amazon was suspended in May 2008, and, subsequently, revoked by the Deputy Traffic Commissioner Richard McFarlane in November 2008. Philp set up a new business, Kyle Seafoods, in 2006 to continue trading, but had not applied for an 0-licence until now.
Traffic examiner Michael Dunlop said that a colleague noted that there were two vehicles parked outside the premises occupied by Kyle in July 2008, and neither vehicle was displaying an 0-licence disc. Work was being carried out, and a forklift truck was being driven from Kyle's premises to a boat, where boxes bearing the name of Amazon Seafoods were uplifted and taken back to the premises.
Later in the day, she saw one of the vehicles being loaded up with boxes of fish and being driven from the premises.
She learned that the driver was Philp, so she contacted him by phone and told him she was concerned that he was driving without possessing a valid 0-licence.
Philp replied that he had no other option, adding that in March 2006, he put Amazon Seafoods into voluntary liquidation, but didn't think he needed to tell the TC because he was still operating a business using the same workforce.
When told that he was operating the vehicles illegally, he replied that he could either just quit the job and pay everyone off or operate illegally.
Examination of the tachograph and maintenance records showed that one vehicle had been in constant use by Kyle since 4 July 2006, with 64,892km recorded, and the other since l April 2006, with 30,462km recorded.
Philp said he bought the assets of Amazon from the liquidator. In November 2008, Kyle was granted an interim licence for one 7.5-tonne vehicle and he had been using that ever since.
The TC said that Philp had continued to operate under the shelter of the Amazon 0-licence, despite being told in November 2007 that he had no legal authority to do so.