Licence revoked for unsuitable residential operating centre

The traffic commissioner for the western traffic area revoked the licence of a food van operator after failing to inform his office it had lost the use of an operating centre.

Hooshang Kaveh, trading as McCoys, fell into the scope of O-licensing because its vehicle had a gross weight of five tonnes.

Its listed operating centre was a place in Abingdon, but Kaveh did not let TC Kevin Rooney know for at least four months that it could no longer use this address.

“Mr Kaveh has gained a commercial advantage by not having had an operating centre for the last four months at least, possibly far, far longer,” he said.

It was accepted that Kaveh’s vehicle was parking either at its pitch in Oxford for night-time trading, or else at residential address in Abingdon listed as: 8 The Chestnuts, which had previously been found to be unsuitable as an operating centre.

Rooney said there was limited case law on what constituted an operating centre, but guidance stated it was a place where a vehicle is parked when not in use.

“The intention was for that to mean ‘when not in use as a goods vehicle’, the TC explained.

“It may be in use during the day at 8 The Chestnuts – but as a kitchen, not a goods vehicle.”