Operator Granted New Licence as Applied for at Traffic Commissioner’s Public Inquiry Despite “Licence Lending” Problems with Old Licence

The Director in this matter represented by barrister Harry Bowyer at Public Inquiry, was closing down his operator licence holding company in order that a new entity could obtain an operator’s licence. A problem became apparent in that the assets and employees of the old entity had been transferred to the new entity which continued to operate before the new licence was granted and in he absence of an interim. The Traffic Commissioner accepted that there was no deliberate intent to evade the regulatory system and that, had the operator sought advice they could have achieved the same end compliantly. The new licence was granted as applied for subject to undertakings.