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Licence bid turned down dui to partner's disqualification
Page 37
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A partnership that included the failed director of a former operation hi had its application for an 0-licence refused. Mike Jewell reports.
A TRAFFIC COMMISSIONER has refused to grant an 0-licence for 15 vehicles because one of the five partners making the application had been disqualified following the failure of a previous operation.
Although the partner, Liam Chivers, had stood down when told to by the TC and denied having a role in managing the new operation, the TC ruled that he was still actively involved.
The partnership,Chatham. Kent-based Liam Chillers LLP (limited liability partnership), came before South-Eastern and Metropolitan Traffic Commissioner Christopher Heaps.
0n21 June, the licence held by Liam Chivers (Civil Engineering) Ltd had been revoked following the firm's liquidation and its sole director Liam Chiversdisqualifi ed from holding or obtaining an 0-licence for 12 months.
In May the partnership had applied for a 15-vehicle licence, naming its partners as John Chivers. Liam Chivers, Liam Monaghan, Jane Kitney and Kevin Hedgcock. It was granted interim authority to start operating on 21 June on condition that Liam Chivers was removed from the partnership application and replaced as transport manager. Liam Chivers resigned as a partner and was replaced by his wife Michaela.
John Chivers said the partnership had bought the goodwill of the failed company and taken over the lease of eight vehicles. His brother Liam was no longer a manager. but Michaela now owned 33% of the partnership. John Chivers denied that her involvement was a device to avoid disqualification: Liam simply wanted to look after his investment.
John Chillers admitted the partnership began operating vehicles in March and continued to operate despite a warning from theTraffic Area Office (TAO) in June. He claimed to believe that the old licence could be transferred.
Jane Kitney said she managed the office, adding that Liam Chivers had no involvement with day-to-day management — although he sometimes called in. Shc rarely seen Michaela Chi For the partnership. Nesbitt said there wa evidence that the comp: creditors would so because of the liquida of Liam Chivers (( Engineering). Ile added the unauthorised use a vehicles was explained common misunderstandi the law,and that Liam CIL was not involved in mana the partnership.
The IC found that L Chivers continued tc actively involved in affairs of the partnershir noted that Michaela Chivers, despite ow one third, was rarely in the office and hal involvement, whereas Liam Chivers wai to look after his investment. In addition. partnership admitted using vehicles withc licence since March and even after receivi warning letter from the:FAO. •