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Stolen Goods in C Lorry Not "Carriage for Reward"

11th November 1960
Page 59
Page 59, 11th November 1960 — Stolen Goods in C Lorry Not "Carriage for Reward"
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Which of the following most accurately describes the problem?

QITTING in London on Tuesday, the Transport Tribunal considered four appeals. In one, they reversed a decision by Mr. J. A. T. Hanlon, the Northern Licensing Authority, revoking a C licence because the holder had carried stolen goods in the vehicle concerned. This, said Mr. Hanlon, was "carriage for reward."

LICENCE RESTORED THE appellant had been sentenced to 12 months' imprisonment at Newcastle quarter sessions in December, 1959, for breaking into a warehouse,

Mr. Frank Mitchell, of Melbourne Street, Newcastle, appealed to the Transport Tribunal against the Northern Licensing Authority's decision to revoke the C licence for his lorry. The Authority had said that by using the vehicle for carrying the stolen goods Mr. Mitchell had carried. goods for reward—a breach of the C-licence conditions.

Sir Hubert Hull, Tribunal president, said: "In the absence of any evidence other.than the fact that the vehicle had been used by the licensee in the course of

robbery.in which he was engaged, this does not constitute the use of the vehicle for hire or reward."

SUSPENSION CUT THE base or centre stated on the application form for a special A licence was. purely an administrative matter; if a different base was later used it was not a ground for suspending the licence, said Mr. T. H. Campbell Wardlaw in another appeal.

John McRae (Transport), Ltd., Allen Road, Dundee, were appealing against the Northern Licensing Authority's decision last March to suspend for two months their special A licence for one vehicle. The Authority had taken the view that the vehicle had ceased to be used from the declared base at Prudhoe, near Newcastle upon Tyne, but had been operated from Dundee.

Sir Hubert Hull, president, said the Tribunal members felt the gravity of the offence would be met by varying the suspension to one of 24 hours. There was no evidence that when the application was made the statement, that Prudhoe was the base, was incorrect. The Tribunal did not know why any application by McRae's to the Scottish Licensing Authority for this licence had failed, but that was the right Authority for them to apply to for a future renewal.

CONFUSION

A'appeal by a 63-year-old Liverpool haulier was adjourned for six months by the Tribunal. Sir Hubert Hull, the president, told him: "You have got yourself into a bit of confusion." Mr. E. J. C. Lytham, trading as Lytham 'Brothers, of Quarry . Cottage, Quarry Road, Stonecroft, Liverpool, had appealed against the decision of the North Western Licensing Authority to refuse to renew A licences in respect of three vehicles.

Mr. Lytham told the Tribunal he decided to sell his business in 1955 because of the ill-health of his wife and himself. Arrangements were made, eventually, for a Mr. McKenna to buy the goodwill of his business.

He was to receive £2,000 but be had a disagreement with his solicitor as to how the agreement should be drawn up. He alleged that since then he knew nothing about his business except that it was being run for him by Mr. McKenna. He had not received the £2,000 although it was stated his solicitor was holding the money as stake holder.

NO COURT OF MORALS

A MIDDLESBROUGH road haulier

now serving a three-year prison sentence for receiving, appealed to the Tribunal against the Northern Licensing Authority's refusal to grant him an A licence for a lorry.

George Thomas, of Station Road, South Bank, Middlesbrough, was jailed at North Riding quarter sessions in July. 1959. Early this year he asked for an A licence to be granted as continuation of a previous special A licence he had held, but this was refused. The Authority said he wanted to keep road transport in his area "clean."

"The Licensing Authority should not set himself up as a court of morals," said Mr. Campbell Wardlaw.

The Tribunal reserved its decision.


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