TC revokes O-licence bid and chucks out two other bids

One company's O-licence has been revoked and applications from two associates have been denied at a public inquiry after the Traffic Commissioner heard the controlling force was an undischarged bankrupt.

Scottish Traffic Commisioner revoked the licence held by Cumbria Property Developments, trading as GB Aggregates and Tipper Hire and refused applications for O-licences by the linked Trench Link Civil Engineering and Kilsyth Tippers & Stone Recycling.

Cumbria Property and Trench Link were first called to a public inquiry in January 2009. Director Fiona Donaldson appeared for Cumbria, and Patricia Martin for Trench Link, with undischarged bankrupt Daniel Martin appearing for his son Kenneth Martin, a director in Cumbria. That hearing was adjourned to allow Kenneth Martin, who was then serving in Iraq, to attend.

For the three companies, Gary Hodgson said that Patricia Martin had been appointed as director of Kilsyth, and that the company was now called Spinks Waste Management. She was also a director of Trench Link. Daniel Martin was the husband of Patricia Martin and father of Kenneth.

Kenneth Martin said he was in the RAF and was based at Lossiemouth. After his father's business failed, they supported each other because they were a close family.

Before enlisting in the RAF, he worked as a tipper driver for Cumbria. Fiona Donaldson managed the business and he was now home every other weekend and would check the books and maintenance with her. Although his father was bankrupt, he won business because that was his expertise. He knew his father could not get an O-licence.

Patricia Martin said that Kilsyth was wholly owned by Homecoming Holdings, which was part-owned by by Equitate (40%), Archie McGrath (10% ) and 50% by herself. She was a director of Trench Link, and her sister-in-law Elizabeth Anderson was the transport manager. There was a link between Trench Link and Cumbria because all involved were part of the family. The director of Homecoming Holdings was Nadeep Basi. He had many businesses in which he invested. Daniel Martin was an employee of Trench Link as business development manager. He could do that as a bankrupt and generate money for the family pot. .

The TC said that the common theme in all three cases was the Martin family and its survival after Daniel Martin went bankrupt. She was in no doubt whatsoever that Daniel Martin was the controlling force in Cumbria, that, for all practical purposes, he was operating Cumbria, and that he was at the back of Trench Link.

The TC suspected a "front" had been established.

There are good legal and fair competition reasons why bankrupts cannot hold O-licences. The TC considered the companies were a 'front' to enable Daniel Martin to continue operating.