Smiths Logistics loses O-licence appeal

Derbyshire haulier Smiths Logistics has lost its appeal against an O-licence refusal, despite being able to show the judge that it met the financial standing requirements.

In December 2010, following a public inquiry (PI) the previous month, Simon Evans, North Western Deputy Traffic Commissioner (DTC) refused a full-licence application from the Swadlincote company.

The DTC said average bank balances at the business for the period June to October 2010 fell "well below the required figure".

Director of Smiths Logistics, Daryl Smith appealed the DTC's decision, saying that for a month prior to the PI, the business had achieved the requisite financial standing after a family member had lent the company extra funds.

Additional bank statements also showed healthy balances following the inquiry.

However, Upper Tribunal Judge Mark Hinchliffe, said the firm's interim O-licence for four vehicles and four trailers would end on 18 June.

He added: "We are not permitted to admit evidence of circumstances arising after the date of the PI.

"The appellant now has time to make a fresh application, properly supported by clear and cogent evidence of financial standing."

Daryl Smith had previously been involved with a company called Automotivated, which went into liquidation owing more than £80,000.