Deputy Traffic Commissioner (DTC) for Scotland, Richard McFarlane has rejected an O-licence application for three vehicles from Edinburgh-based Lindsay Scaffolding Contracts, describing the business as a "phoenix" company.
An October public inquiry was told that Lindsay Scaffolding Contracts boss Grant Lindsay had been the sole director of another company called Lindsay Contracts, which went into liquidation in July 2010 after long-standing customer Wisebuild was placed in administration owing it more than £86,000.
New company Lindsay Scaffolding Contracts - run by Lindsay and his mother Valerie - then bought the vehicles from the liquidator, but failed to tell the office of the TC about the liquidation.
The Office of the TC wrote to Lindsay Scaffolding Contracts in October 2010 advising that the O-licence of the liquidated business was not transferable.
Lindsay Scaffolding Contracts was refused an interim O-licence in July 2011 and Joan Aitken, Traffic Commissioner for Scotland, ruled that the full O-licence application from the firm should be heard at a public inquiry.
In his written decision following the inquiry, McFarlane said he was in no doubt that Grant Lindsay was aware that the O-licence could not be transferred and had "knowingly and deliberately" used the vehicles when they were not authorised under a licence.
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