Decision for H&S Builders Merchants Ltd
Written decision of the Deputy Traffic Commissioner for the East of England for H&S Builders Merchants Ltd
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Decision
I revoke this operator licence with effect from 23:45 hours on 5th August 2024 to allow an orderly wind down of the business.
Having revoked this licence, I must go on to consider whether this operator, and its directors should be disqualified from holding an operator licence in future. There is no requirement to identify additional features for disqualification, but after hearing the lamentable evidence of Mr Jaspal Bharji and noting the omissions from the other 3 directors, reflected in my conclusions above, I determined that disqualification would be a proportionate response to this catalogue of woeful failings. The conduct was such that a period of disqualification is required to emphasise the seriousness and to act as a sufficient future deterrent. There is no tariff system, but the Senior Traffic Commissioner’s Statutory Directions give starting points: for an operator’s first public inquiry, consideration might be given to a disqualification period of between 1 and 3 years, but more serious conduct may merit disqualification of between 5 to 10 years, severe cases may merit disqualification for an indefinite period. I therefore disqualify this operator and all 4 directors from holding an operator licence for a period of 18 months.