Decision

Decision for Bains Logistics Limited

Published 31 March 2022

0.1 SOUTH-EAST AND METROPOLITAN TRAFFIC AREA

1. DECISION OF THE DEPUTY TRAFFIC COMMISSIONER

1.1 PUBLIC INQUIRY HEARD AT IVY HOUSE, IVY TERRACE, EASTBOURNE

ON 21 MARCH 2022

2. OK2015045 – BAINS LOGISTICS LIMITED

3. Background

The operator Bains Logistics Limited is the holder of a standard national licence granted on the 3 March 2019 authorising two vehicles with one vehicle PO58BTU showing as currently in possession. The director of the company is recorded at Companies House as Darren John Garrett and the transport manager on the OCLS system is Kuldip Singh.

At the time the licence was granted the director of the company was Ravinder Singh Bains and the transport manager was Kuldip Singh. On the 16 March 2021 an application was made to add Subash Choudry as a director on the licence and to remove Ravinder Singh Bains. On the 1 May 2021 an application was made to remove Subash Choudry and add Darren John Garrett.

On the 9 July 2021 a proposal to revoke the licence was made on the ground that Mr Garrett had failed to provide evidence of financial standing. Mr Garrett responded on the 30 July 2021 saying that a business account had been set up in the company name and he was in the process of appointing a new transport manager. An e mail was sent on the 17 August 2021 to the transport manager named on the licence, Kuldip Singh, and he replied saying that he had resigned from the position on 17 June 2020. An incomplete application was submitted on the 14 September 2021 nominating a new transport manager Steven Miller.

A desk-based assessment was ordered and a request for information was sent to Darren Garrett and to the newly nominated transport manager, but no documentation was received from either party.

Subash Choudry was a director of the company from the 16 March 2021 until the 14 April 2021 when his resignation was noted in Companies’ House records. His name was removed from the operator’s licence on the 11 May 2021. On the 14 September 2021 Mr Choudry applied for a licence as a director of Mulberry Automotives Limited. I heard that application and refused it on the ground that the applicant had failed to satisfy me that the criteria for good repute was made out. Mr Choudry has a poor history in relation to operator licensing going back to 2014, previous applications having been refused and licences revoked.

Financial evidence presented as part of the application for Mulberry Automotives included bank statements in that company name. I noted that payments had been made for insurance and tyres for a vehicle PO58BTU which was and is a vehicle nominated on the licence held by Bains Logistics Limited. I was concerned that this vehicle may have been operated unlawfully by Mr Choudry whilst nominated on the current licence.

As a result of the lack of a transport manager, absence of evidence of financial standing, failure to respond to the desk-based assessment request for documentation and the possible links with Mr Choudry the operator was called to public inquiry. In addition to the current director Darren John Garrett, the previous directors Subash Choudry and Ravinder Singh Bains, and the previous transport manager Kuldip Singh were called to the inquiry.

The hearing for the inquiry was scheduled for the 20 December 2021. On the 17 December 2021 Mr Garrett contacted the Office of the Traffic Commissioner to say that he was isolating as his wife had contracted Covid. Mr Choudry also sent an e mail on the 20 December saying that he was self-isolating. Kuldip Singh wrote to say that he did not think he needed to attend as he resigned in June 2020, Ravinder Singh Bains also said he would not be attending as the inquiry related to “matters post his leaving the company.” As two of the individuals who were called stated they were isolating the hearing on the 20 December 2021 was adjourned and rescheduled to the 21 March 2022. All parties were notified using the same contact details as previously and told they should attend.

4. The Public Inquiry

Neither the operator nor any of the individuals called to the inquiry attended. Notification of the hearing had been sent to all parties at the addresses previously used and documentation had not been returned. I am satisfied therefore that service of the call up letters is met and proceed in the absence of all parties.

5. Findings and Decision

. Kuldip Singh sent in copies of email notifications of his resignation as transport manager on this licence dated 17 June 2020. I find that it is more likely than not that he resigned at that time. It follows therefore that the operator was without professional competence from that date until the present. Ravinder Singh Bains was a director of the company from the date of grant until the 17 March 2021, Subash Choudry from the 16 March 2021 until the 11 May 2021 and Darren John Garrett from the 11 May 2021. During the period since the 17 June 2020 those directors have allowed the licence to remain in force without a transport manager being appointed or a period of grace being granted allowing for this to happen.

The failure to send information required for the desk-based assessment, produce any evidence of financial standing and the suspicion that Mr Choudry was operating a vehicle illegally whilst authorised on this licence are all additional grounds justifying regulatory action.

I find that there have been breaches of Section 26(1) (e) (f) and (h) of the Goods Vehicles (Licensing of Operators) Act, 1995 and that the operator no longer meets the criteria for good repute, financial standing and professional competence. It is evident that the operator cannot be trusted and deserves to be put out of business. The licence is therefore revoked with immediate effect under Section 27 of the Act.

The repute of director Darren Garett is lost as is the repute of former directors Ravinder Singh Bains and Subash Choudry. I do not order disqualification of any of these individuals as I have had limited facts to make findings. However, I direct that should any of them apply for a licence in the future as individuals or directors of other companies the applications should be referred for consideration by a Traffic Commissioner. I make no findings in relation to the former transport manager Kuldip Singh as there is no evidence to show that failures occurred whilst he was in post.

John Baker

Deputy Traffic Commissioner

21 March 2022