Decision for Steve Warren and Barry Weller
Published 20 December 2024
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0.1 WESTERN TRAFFIC AREA
1. STEVE WARREN AND BARRY WELLER t/a SBJ/BOURNEMOUTH PALLET CO OH1139054
2. AT A PUBLIC INQUIRY IN BRISTOL 12 DECEMBER 2024
3. BACKGROUND
Steve Warren and Barry Weller are the holders of a restricted goods vehicle operator’s licence authorising the use of three vehicles and two trailers from a site at Three Legged Cross, Dorset. The licence started in 2015.
DVSA carried out a traffic investigation on 10 May 2024. The investigation identified that few of the normal compliance systems were in place. It also emerged that Barry Weller played no significant role in the business, and never had done. He was the accountant and his name was on the licence and the bank statements at the bank’s request.
It appeared that there had been a change of entity and I proposed to revoke the licence on that basis. The operator requested a public inquiry.
4. THE PUBLIC INQUIRY
No-one has attended. Nothing has been heard from either partner and the electronic case has not been accessed. Checks of the public records show that the MOT for the two listed vehicles have expired and one is no longer taxed. I am content that there has been good service of documentation and I proceed to make a decision.
5. FINDINGS OF FACT
No finances have been provided. The age of the vehicles is such that access to financial resources is essential. The lack of such access is a material change and Section 26(1)(h) is made out.
I have in front of me a statement from DVSA Traffic Examiner Allen Cox telling me of a telephone conversation he had with Steve Warren. An extract is as follows:
- “Steve Warren confirmed that the partnership was drawn up in agreement with the bank when the business started. Barry Weller is an accountant, He has never been involved with the transport operation of the business except in name only for the operator’s licence. Mr Steve Warren said that in recent years due to ill health, Mr Barry Weller had had little to no involvement with the business.”
I find on the balance of probabilities that there has been a change of entity to a sole trader and misuse of the licence as a result. Section 26(1)(h) is further made out.
The adverse findings of the DVSA traffic examiner report will lie on file should any new application be made.
6. DECISIONS
Pursuant to adverse findings under Section 26(1)(h), change of entity and lack of access to financial resources, the licence is revoked with immediate effect.
Kevin Rooney
Traffic Commissioner
12 December 2024