Just a hypothetical question,
When you change a company from sole trader to limited company you have to apply for a new O licence, I was just wondering if you had neighbours with a serious objection could they overturn your application leaving you with a premises that you were unable to operate from?
Yes, I suppose that the newspaper advert could rattle somebody’s cage and they could make a representation to the TC although that wouldn’t stop you from continuing to operate as a sole trader until it was sorted out. I doubt that any of the statutory bodies would lodge an objection if they hadn’t had a problem in the past.
if you are changing from a sole trader to a Ltd Co. as you say, you need to apply for a new o licence
if you are using the premises already, how can anyone object?
surely, VOSA would see that the premises are already in use for a haulage company
I thought the TC could only investigate suitability of the operating centre when the 5 yearly review was due.
or if you applied for a new licence, from sole trader to limited.
If you change to Ltd Co then it’s treated as a brand new application, from the newspaper advert onwards. I doubt the TC would receive an objection, but he might receive a representation from Colonel Blimp or Mrs Meddlesome Ratbag etc. Although TCs don’t normally take too much notice of these if the operating centre is established, it might delay the issuing of a new O licence.
Could be an issue if you wanted to increase the number of vehicles on the licence at the same time. Would probably be best to change from sole trader to Ltd in the first instance then apply for another major variation a little further down the line when the local nimbys will hopefully have better things to do having fruitlessly expended their energies the first time round.
This is purely hypothetical I was just wondering.
But I can imagine if that a sole trader had been operating out of a yard that had acquired new neighbours they might object on whatever environmental grounds they could draft up, seeing as it’s a new application the suitability of premises and operating hours may be called into question.
It certainly wouldn’t be the first time that someone has built / bought next to some existing industrial premises and then made lots of fuss about it. Sometimes it sticks.
Neighbours can’t raise an objection, only statutory bodies can do that, Police, Council, RHA, Unite etc. Neighbours can make a “representation” but this can only be on environmental grounds. It’s unlikely that the TC will take much notice of these if the operating centre is long-established and there is no variation other than the change of trading status, since this doesn’t give rise to any environmental concerns. It could delay the application while the wheels of bureaucracy turn round a few times more than they needed to.
trouble is if you change to Ltd company then change for an variation its more money every time is it not■■?..
I imagine if you change from Sole Trader to Limited Status, then the TC may want to see financial records again, after all he isn’t worried about an owner drivers wage until the company have to pay a director. 
That’s spot on wheelnut, applying for a licence for a LTD company is like applying for a new licence, the only difference being that they will grant an interim licence to run from the day you surrender your sole trader licence, so you can begin trading as a LTD company from that point, rather than waiting for the O licence application to be approved.
The same applies to a relocation of operating center, even if you move traffic areas (which I did) you get an interim from day one, but still have to do the advert and supply financials to get the new licence.
TC will want to see financial evidence again, and if this is “money in the bank” then the account will have to be in the name of the company, rather than the individual.
Having been through the whole thing with a PI into my application and the granting of eventualy, my opinion is none of the setup is fit for purpose, and the rule over needing to re apply when going ltd from sole trader just about fits with the rest of the rubbish.
Have a look through the "The Goods Vehicles [Licensing Of Operators] Act 1995 - SCHEDULE 4 
Very interesting reading, and, NO advert in the paper, if you comply with the requirments 
Just saying like
Stanley Mitchell:
Have a look through the "The Goods Vehicles [Licensing Of Operators] Act 1995 - SCHEDULE 4Very interesting reading, and, NO advert in the paper, if you comply with the requirments
Just saying like
He is quite correct. We changed from sole trader to Limited Company. No newspaper advert as kept the number of vehicles authorised the same. Surendered sole trader licence when the limited Company one was granted. Application does appear in Applications and Decisions so statutory bodies can object. Only real issue was sole trader funds could not be used to show funding for the limited company so had to have large amount of funds showing as available for financial standing while the application went through.