Decision

Decision for Lawrence Haulage Limited

Published 18 August 2022

0.1 IN THE SOUTH EASTERN & METROPOLITAN TRAFFIC AREA

1. LAWRENCE HAULAGE LIMITED

1.1 OK2003499

1.2 GOODS VEHICLES (LICENSING OF OPERATORS) ACT 1995

2. DECISION

Pursuant to adverse findings under section 26 (1) (a), (b) and (h) of the Goods Vehicles (Licensing of Operators) Act 1995, Licence OK2003499 is revoked with effect from 23.45 on 3 August 2022.

No direction is made under section 28 of the Goods Vehicles (Licensing of Operators) Act 1995

3. REASONS

The full history is set out in the case summary and public inquiry bundle, and I do not repeat it here. As per my case management decision on 26 July 2022, the case at this stage is limited to the allegations of using an unauthorised operating centre and operating for hire and reward when only holding a Restricted Licence. Mr Lawrence has an adverse licensing history with me as per the decision set out at pages 42 – 43 of the hearing bundle. I therefore decided it was in the public interest for the public inquiry to proceed rather than to accept a last-minute request to surrender the licence without hearing any evidence. As it is, Mr Lawrence decided not to attend in any event.

The Operator’s only authorised operating centre is at Heaver Trading Estate in Sevenoaks. The operator applied for a new operating centre at Manor Way Business Park in Swanscombe in October 2021. However, there was no request for an interim licence or any suggestion that it was in difficulties using Heaver Trading Estate. The site owner subsequently told my office that Mr Lawrence has not parked there since October 2021. The site owner has produced evidence to demonstrate Mr Lawrence no longer even has authority to park at Heaver Trading Estate (from 30 September 2021).

Where operators find themselves in similar difficulties the first thing, they should do is notify the licensing team in Leeds, requesting a short period of grace from a Traffic Commissioner pending finding a new site. Instead, a caseworker had to contact Mr Lawrence to find out where the vehicles were being parked and what was going on. It was not until 14 March 2022 that Mr Lawrence told my office that he was in dispute with the previous site and parking at the maintenance contractors. It remains unclear why he was not able to park at the operating centre that had been applied for in Swanscombe. Mr Lawrence has not attended the hearing to assist me with any questions arising. The chronology set out above is a grave breach of trust.

Mr Lawrence only told my office of the ongoing issues on 14 March 2021. Even then he does not give the formal date whereby Lawrence Haulage Ltd left the previous operating centre. However, there is a clear admission of unauthorised use of an operating centre. That is a breach of a condition on the licence and a criminal offence. Vehicles must be parked at the authorised operating centre when not in use and failure to notify material changes is equally serious - hence the formal adverse findings under section 26(1) set out in paragraph 1 above.

There are 3 sources of evidence that Lawrence Haulage Ltd has been operating for hire and reward. These are: –

• Social media - see annex A.

• Former landlord – see hearing bundle.

• evidence at recent public inquiry from Singh Fleet Services Ltd that Lawrence haulage Ltd transported its plant whilst its application was pending – invoices seen.

As Mr Lawrence failed to attend the hearing, I could not show him the invoices that had recently come to light. However. I found the evidence at the Singh public inquiry credible, including payment of the invoices. In the absence of oral or written explanations from Mr Lawrence, I find on balance that Lawrence Haulage Ltd has carried out operations for hire and reward and therefore illegal operation. This too is a grave breach of trust.

On 7 April 2017 I gave Mr Lawrence another chance despite his adverse history at that point. Regrettably Mr Lawrence has demonstrated that my trust was misplaced. Illegal operation and unauthorised use of an operating centre are criminal offences and undermine the important principles upon which operator licensing is based: Road safety and fair competition. In the circumstances I find it entirely appropriate and proportionate to revoke this operator’s licence with immediate effect.

If Mr Lawrence decides to apply again then the outcome of the environment agency case will be known, and everything can be looked together at that time.

MISS SARAH BELL

Traffic Commissioner

3 August 2022