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(i) �the appeal against revocation of the licence be DISMISSED with effect from 23.59 on 1 December 2015;
(ii) the appeal against disqualification of all three Appellants be ALLOWED to the limited extent that the period of disqualification is reduced from 12 months to 4 months.� The order will commence at 23.59 on 1 December 2015.
SUBJECT MATTER:- �Restricted licence; multiple and persistent use of unauthorised operating centres; failure to comply with the rules on drivers hours and record keeping; whether revocation proportionate; whether disqualification proportionate.
CASES REFERRED TO:- � Bradley Fold Travel Ltd & Peter Wright v Secretary of State for Transport (2010) EWCA Civ 695 ; Priority Freight 2009/225; Bryan Haulage (No.2) 2002/217; Red Sky Wholesalers Limited 2013/07; Arnold Transport & Sons Limited NT/2013/82.
The factual background to the appeal appears from the documents, the transcript and the TC�s written decision.� The company, which undertakes ground works on highways and development sites throughout Cornwall, was granted a restricted operator�s licence in 2002.� It currently authorises 15 vehicles with 15 vehicles in possession.� Mr Brice-Smith is the main director of the company and is its controlling mind; Mrs Brice-Smith has no role in the company save for being named as a director.�
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