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Smiths appeals for new licence

9th June 2011, Page 19
9th June 2011
Page 19
Page 19, 9th June 2011 — Smiths appeals for new licence
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Keywords : Business / Finance

SMITHS LOGISTICS has submitted a new O-licence application for ive vehicles and the same number of trailers at a facility in Swadlincote, Derbyshire.

In December last year, Simon Evans, North Western Deputy Trafic Commissioner (DTC) refused to grant the operator an O-licence, following a public inquiry (PI) the previous month.

The DTC said average bank balances at the business for the period June to October 2010 had fallen “well below the required igure” .

The director of Smiths Logistics, Daryl Smith, lodged an appeal against the DTC’s decision.

Smith argued that, for a month prior to the PI, the business had achieved the requisite inancial standing after a family member had lent the company extra funds.

Upper Tribunal Judge Mark Hinchliffe rejected the appeal in April, saying he was “not permitted to admit evidence of circumstances arising after the date of the PI” .

At the time, he ruled that the interim O-licence for four vehicles and four trailers held by Smiths Logistics would end on 18 June.

However, Judge Hinchliffe made it clear to the business that it could make a fresh application in future “properly supported by clear and cogent evidence of inancial standing” .


Organisations: Upper Tribunal

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