Decision for Hooshang Kaveh (OH2062297), trading as McCoys
The Traffic Commissioner for Western England's written reasons for Hooshang Kaveh (OH2062297), trading as McCoys
In the Western Traffic Area
Written Reasons of the Traffic Commissioner
Public Inquiry held on 8 October 2024 in Bristol
Operator: Hooshang Kaveh (OH2062297), trading as McCoys
This is a small operation of a food van which falls in to scope of operator licensing because it has a gross weight of 5 tonnes. An initial application to operate from a residential property at 8 The Chestnuts in Abingdon was refused by me following a public inquiry in December 2022. As part of that process, I visited the proposed operating centre and found it entirely unsuitable for the use proposed. A fresh application was submitted citing an operating centre at 8 – 10 Eyston Way, Abingdon. In June this year, my office was made aware that 8 – 10 Eyston Way was no longer available as an operating centre.
On 10 July, Mr Kaveh made an application to use 19A Nuffield Way as an operating centre. This application was refused because Mr Kaveh could not demonstrate that the site was available to him.
It is now accepted that the nature of the operation is that the vehicle is either at its pitch in Oxford for night-time trading or at 8 The Chestnuts. It arrives at the latter some time around 6 – 6.30 AM for unloading and it is argued the vehicle is in use all day undergoing cleaning and preparation of food before leaving again for Oxford around 5 PM. That is the case bar for 2-3 weeks of the year when the driver is on holiday.
There is a new application for an operating centre in Wantage, OX12 0EE. I know nothing of that site nor whether Mr Kaveh has permission to park there and, if he has, when. Mr Kaveh said in evidence that, if necessary, the vehicle would go there for an hour or two a day. Written submissions propose that it is there between 10 am and 3 pm.
There is limited caselaw on what constitutes an operating centre. I do not accept that it is somewhere that is used for 2-3 weeks of the year nor somewhere where the vehicle is taken for a short period each day. The vehicle is loaded and unloaded at 8 The Chestnuts. It is cleaned and prepared for operation from 8 The Chestnuts. 8 The Chestnuts is the centre for its operation. I note the Senior Traffic Commissioner guidance which refers to an operating centre as the place where a vehicle is parked “when not in use”. I find it more likely than not that the intention was for that to mean “when not in use as a goods vehicle”. It may be in use during the day at 8 The Chestnuts but as a kitchen, not a goods vehicle.
Mr Kaveh failed to notify me of the loss of access to the site at 8 – 10 Eyston Way as he was required to do. The new application is not out of objection until 18 October. Mr Kaveh has gained a commercial advantage by not having had an operating centre for the last 4 months at least, possibly far far longer. Pursuant to an adverse finding under Section 26(1)(f), that I was not notified of a material change, the licence is suspended with effect from 06:00 hours 9 October 2024 until 23:45, 18 October 2024.
Pursuant to an adverse finding under Section 26(1)(e), that the vehicle was not normally kept at the listed operating centre, the licence is revoked with effect from 23:45 hours, 18 October 2024.
If an appeal and a request for a Stay are lodged, and if the new application is grantable and supported by evidence of parking permission, I will grant it once the object period ends, along with the Stay.
Kevin Rooney
Traffic Commissioner
8 October 2024