Decision

Decision for Ava Skip Hire Limited (OC2064702) & Proposed Transport Manager: Charles William Scott Harrison

Published 15 September 2023

0.1 In the North Western Traffic Area

1. Confirmation of Oral Decision of the Traffic Commissioner

1.1 Ava Skip Hire Limited (OC2064702) & Proposed Transport Manager: Charles William Scott Harrison

2. Introduction

AVA Skip Hire Limited (“the applicant company”) submitted an application on 31 March 2023 for a new standard national goods vehicle licence authorising the use of 1 vehicle.

The sole director and proposed Transport Manager of the applicant company is Charles William Scott Harrison. The applicant company was incorporated on 16 February 2022.

The application was called to public inquiry to understand if there were any links between this applicant company and a previous application and consequently if that had any implications for the applicant’s good repute and that of Mr Harrison as Transport Manager.

In June 2021, an application for a new restricted goods vehicle licence authorising the use of 1 vehicle was made by a company named AV.A Skip Hire Waste & Recycling Limited (OC2046776). The sole director of that company is William Scott Harrison, who is understood to be Charles Harrison’s father. The operating centre proposed in the earlier application is Charles Harrison’s home address.

The application was called to a public inquiry [redacted].

AV.A Skip Hire Waste & Recycling Limited was called to a public inquiry by letter dated 9 February 2022 with the hearing listed for 16 March 2022. It is noted that this applicant company was incorporated a week after the call up letter was issued.

At the public inquiry, the presiding Deputy Traffic Commissioner refused the application by AV.A Skip Hire Waste & Recycling Limited as the applicant was not present. However, it later became apparent that William Scott Harrison had written to withdraw the application on 1 March 2022. The outcome of the application by AV.A Skip Hire Waste & Recycling Limited was amended and marked as withdrawn.

In correspondence with my office about this application, Charles Harrison stated that his father had taken other employment after the application was refused. Mr Harrison asserted that this application was solely for himself and that no other party was involved.

3. The Call to Public Inquiry

The applicant company was called up to public inquiry by letter dated 12 July 2023.

The call up letter gave notice that the requirements of Sections 13A(2)(b), 13A(2)(c) and 13A(3) of the Goods Vehicles (Licensing of Operators) Act 1995 (“the Act”) were to be considered.

Mr Harrison was called up as proposed Transport Manager by letter of the same date that gave notice of consideration of the requirement of good repute and professional competence in Schedule 3 of the Act.

## The Public Inquiry

The Public Inquiry was heard at Golborne today. The applicant company was represented by its director and proposed Transport Manager, Mr Harrison. The applicant company and its director were represented by Transport Consultant, Grahame Robinson.

4. Evidence

In advance of the hearing, I was provided with evidence on behalf of the applicant company.

[redacted].

Mr Harrison gave evidence today that his application was entirely independent of his father’s previous application. His father is a showman and has returned to that industry exclusively having only been involved in skip hire during the pandemic when fairs were halted. The applicant company has acquired the skips from that previous business but there are no other links. On the balance of probabilities, I am satisfied with that explanation.

Mr Harrison intends sourcing his own 18t vehicle to start operating. The vehicle that previously caused concern about unauthorised use is owned by Mr Harrison senior and will not be used by this applicant company. I am satisfied that Mr Charles Harrison was not involved in the recent use of the vehicle shown on ANPR.

I give Mr Harrison credit that he has recognised from the outset that the proposed use requires a standard licence and further that he has gone to the considerable effort to obtain his own Transport Manager qualification.

His willingness to offer the undertakings above gives me further reassurance about the prospects of future compliance.

I am satisfied that Mr Harrison and the applicant company have done enough to persuade me that this is an applicant I can trust and allow entry into the industry.

Gerallt Evans
Traffic Commissioner for the North West of England

22 August 2023