Introduction: temporary storage approval holder's liability
For ease of reference ‘temporary storage approval holder’ will be known as ‘operator’
- the operator will be accountable for losses under their guarantee or their Deed of Undertaking (allowed under transitional arrangements) in place and for goods unlawfully removed from temporary storage
- other than in circumstances referred to in (a) above an operator’s liability arises when a failure to fulfil an obligation under their approval results in a debt. The operator may be solely liable for the debt or there may be a joint and several liabilities with others depending on the circumstances. You need to consider each case on its merit
- the operator will be held liable for the debt for goods that have gone missing from his approved premises. Only in extreme circumstances and provided you are satisfied that reasonable security was taken should the operator not be held responsible for the debt. An example of such circumstances is an armed robbery or ram raid
- the operator will be held responsible for the goods whilst they are being moved to another TS facility until they have reached their destination or else otherwise stated in their approval.