Following a finding that it acted as a front for a disqualified operator, Plymouth Albion Rugby Club’s licence was restricted to permit it to only carry out its own team activities for a specified period
Following a public inquiry (PI) scrutinising the transport operations of Plymouth Albion Rugby Club, Traffic Commissioner (TC) for the West of England Kevin Rooney found that Max Venables has forfeit his good repute as transport manager and granted a grace period of two months for the operator to engage a new transport manager, with a warning that its licence would be revoked if the condition was not met. Its operator’s licence was curtailed to one vehicle only with a condition attached that the authorised vehicle shall not be used other than for the transport of players and associated staff of Plymouth Albion Rugby Club (PARC).
Details
Plymouth Albion Rugby Football Club (2016) Ltd is the holder of a standard international public service vehicle operator’s licence authorising the use of three vehicles from a site at Roodscroft, Saltash. There are six directors; Alison Hannaford, David Venables, Nigel Sparrow, Max Venables, Kevin Norris and Graham Hannaford. Max Venables was also the listed transport manager. At the inquiry, TC Rooney noted that the operator had no prior compliance history.
On 12 February 2021, Traffic Enforcement Manager Andrew Ball visited PARF’s operating centre to conduct an investigation, the outcome of which was a ‘highly unsatisfactory’ score with many shortcomings. Of particular concern to the TC was a finding that the operator was engaged in the transport of contingent labour from the Plymouth district to the nearby dockyard. PARF had received this contract from Dealtop (Plymouth) Limited, and one of the drivers was Robert Risk, director of Dealtop.
Dealtop held an operator’s licence which was revoked on 22 December 2018. It then gained a new licence, until that was revoked on 17 February 2020. Robert Risk was disqualified from holding or obtaining an operator’s licence from that date for two years. Traffic Enforcement Manager Ball found that the drivers used by PARF were supplied by Dealtop and referred to as ‘self-employed.’ The TC found that the operation was a Dealtop contract, apparently sub-contracted to PARF but without any supporting documentation and continued to be driven by Dealtop’s drivers. He was therefore concerned that PARF might be providing a front for the continued involvement of Robert Risk in the management of a PSV operation, allowing him to work around his disqualification.
There were many further shortcomings identified by Mr Ball, such as operating from an unauthorised operating centre, which led the TC to call the company to public inquiry on the grounds that the holder of the licence may no longer satisfy the requirements (a) to have an effective and stable establishment, (b) to be of good repute, (c) to be of the appropriate financial standing and (d) to be professionally competent. The operator was called to PI to consider the matters, and Max Venables was called to consider his good repute as transport manager.
The inquiry
Max Venables attended the inquiry unrepresented. He had submitted a letter of explanation in advance.
The operator complied with the Covid-19 directions in place at the time of the hearing, and provided all requested documents in advance; matters relating to financial standing were satisfied as a preliminary matter.
The PSV operation was originally for movement of the team and associated personnel. There had initially been an understanding by those involved that they could operate under a permit but, on buying the coach, they had been told otherwise and applied for the licence.
Mr Venables had been a transport manager on a goods licence and then took his PSV CPC. There was an opportunity to make money from the team bus; given the team’s location in South Devon, they travelled more than other clubs. There had been a historic relationship with Dealtop to provide drivers. When he heard that Dealtop had lost its operator’s licence, Mr Venebles had spoken with the company about potential opportunities. The team’s core business had been heavily hit by Covid-19 – its last away match was March 2020.
The operation moving Babcock workers
started around July 2020. PARF had agreed to buy the double-deckers but not pay up front; it was to be deducted from what they were paid for the job. Robert Risk drove the buses which still belonged to Dealtop, and Dealtop maintained them.
The main requirement was to keep operating the team coach. The buses were for sale. The contract to move Babcock workers had ended. The TC noted that a condition on the licence preventing third-party hire for a limited period would not impact too severely on the club but revocation of the licence might render the business unviable.
It was stated that all that was really important to the club’s survival financially was the operation of the team bus. Mr Venables would be content to stand-down as transport manager; he had believed that the revocation of Dealtop’s licence was purely down to financial standing.
Consideration
The contract being operated belonged to Dealtop, and drivers were employed by Dealtop. The vehicles were owned by – albeit being purchased from – Dealtop, which remained responsible for their maintenance. This made it difficult for the TC to resist a finding that the operator provided a front for the continuing operation – if on a limited basis – of Dealtop.
The TC found that Max Venables and PARF facilitated the ongoing operation of an operator he had previously found to be running a vehicle with bald tyres, running inaccessible vehicles on registered services and a vehicle which was involved in a collision that had multiple serious defects.
Other shortcomings as set out in the report from Traffic Enforcement Manager Ball included operating from an unauthorised operating centre, the failure properly to manage the Dealtop drivers and the lack of regular driver licence checking.
The TC noted that this was an unusual operation in that the main reason for the operation of a PSV is to reduce the operating costs of the rugby club. Mr Venables stated that Covid-19 had impacted on a major scale although the club had achieved income through facilities hire. Were this a more mainstream commercial operator, the TC said he would have no hesitation in putting it out of business. However, he respected that it has a wider community value; as a result, he was able, just, to answer in the affirmative the question ‘can I trust this operator to be compliant in the future?’
He added that Max Venables made ‘huge errors of judgement’ in entering in to the arrangement with Dealtop, which do not characterise a transport manager of good repute.
Decision
In considering the facts, TC Rooney judged that Max Venables had lost his good repute as transport manager and disqualified him from acting as such for a period of 12 months and until he attends a transport manager refresher course of a duration at least two days. As he is one of a number of directors of PARC, the finding of loss of repute was not extended to the licence holder as a whole.
As a result, the operator was left without professional competence and the TC granted a period of grace of two months to remedy that situation. He added that if it is not addressed within that period, the licence is revoked.
Following his finding of material change in that the operator provided a front for the operation of a revoked and disqualified operator, the TC made a decision to curtail the licence to one vehicle only, immediately and until 30 June 2022. A condition was attached to the licence that until 30 June 2022, the authorised vehicle must not be used other than for the transport of players and associated staff of Plymouth Albion Rugby Club.
