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I CASE TWO
Page 23
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Skip operator fails to win back his repute
A SKIP OPERATOR fined for operating illegally has lost its appeal against the loss of repute of its transport manager. as well as the revocation of its six-vehicle 0-licence.
In July 200'Z Hounslow-based New Bharat Skips and director/ transport manager Tajinder Singh Dhaliwal were convicted at Isleworth Crown Court of five offences of depositing, as well as keeping waste without a waste management licence on a site near Heston motorway services.
Dhaliwal was fined £25,000 and ordered to pay £25,000 costs. No separate penalty was ordered against the company.
Philip Brown, the South-Eastern & Metropolitan TC, held that they were serious offences, which meant the company had lost its repute and its licence had to be revoked. and that he had to also find that Dhaliwal had lost his repute.
Before the Transport Tribunal, Tim Nesbitt, for the company and Dhaliwal, argued that a finding of loss of repute for more than one serious offence only applied to individuals, the firm hadn't committed such an offence because no penalty had been imposed, and the TC had the power to disregard an offence if he thought appropriate time had elapsed. He argued the offences had been committed four years ago, and there had since been a good record.
The Tribunal agreed a finding of loss of repute for more than one serious offence only applied to individuals, and the firm had not committed a serious offence since no penalty had been imposed.
However, the convictions were relevant to the business and its officers, so it had no hesitation in confirming the TC's orders.