CROSS Hills' Trustworthy Foods has to live up to its name before it will be granted a HGV licence, an inquiry concluded.

Traffic commissioner Tom Macartney expressed concern that the company, based on the Airedale Trading Park, had a poor track-record in keeping to restrictions and said it had to prove it could keep its promises before being allowed to operate two 7.5 tonne trucks from its premises.

A transport inquiry held on Monday heard that the frozen meat business operated from two sites on the estate.

Craven District Council's enforcement officer Ted Gill said that when planning permission was granted for the second unit in 1998 a time restriction was placed on the operating hours of the business.

The condition prohibited deliveries to the building, trading or operating fork lift trucks between 7pm and 7am.

Mr Gill said that he began to receive complaints that the business was not adhering to the restriction and after making a verbal warning to the business, issued a breach of condition notice in January 2002.

When the complaints continued Trustworthy Foods was prosecuted and pleaded guilty to the offence in February of this year.

Partner Mark Binns said that he had reserved the site in 1997 but had not been made aware of the restriction of operating hours until Mr Gill contacted him in 2000.

By this time, he said, a night shift was in operation and it was difficult to conform to the conditions in the timescale allowed.

"It wasn't due to a disregard for the restriction, I wasn't aware of the restriction until you came and told me until late 2000," he said.

He added that in his opinion the complaints had arisen from deliveries made by a neighbouring business and not Trustworthy Foods.

But he admitted that the business had been operating after the hours laid down by the condition.

"We had already spent a lot of money in that place to operate. We have 22 employees. Clearly we need to deliver our products to successfully run our business and secure their jobs," he said.

Since the prosecution Mr Binns said the company had been adhering to the time restrictions, at considerable cost and inconvenience to the business.

He added that the business was hoping to move to more suitable premises in West Marton later this year.

But during the inquiry it was also revealed that the company was already operating a 7.5 tonne truck without an HGV licence.

Mr Binns said that he had been ignorant of the need to have the licence until the vehicle had been pulled over about six months ago.

Since he had been made aware of the need for the licence, he said he had not been using the vehicle.

Mr Macartney said the company had to prove it was genuine.

"Is Trustworthy Foods, trustworthy?" he said. "You have this problem of filling in the licence applications and seem unable get the necessary paper work correct, not just once but more than once.

"You have got to convince me that you can be trusted, that you will do what's required for an operating licence, having been unable to do so with the planning restrictions," he said.

He asked traffic examiner Tony Wood to visit the factory that afternoon and check whether the paperwork proved that the truck had not been used after Mr Binns became aware of the need for the licence.

If the paperwork matched up to the promises made in court, he said, he would grant the licence with the same time restriction as the planning permission.

The vehicle will also have to have full safety checks before the licence is issued.

"Clearly I am very concerned about the track record that you have had in the past. I believe it would be in your interest to invite the vehicle inspector to make an advisory visit," he said.

"If we were to meet at a public inquiry again, I would have to take a much more serious line."