Should Criminal Records be Taken
Page 46
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into Account by Authority?
IF it were against the public interest for hauliers who had been convicted I for carrying stolen goods to be dealt with under the Road and Rail Traffic Act, 1933, why should the Act say that it could be done? This question was asked by Mr. J. A. T. Hanlon, Northern Licensing Authority, at Durham on Monday, when a haulier who is serving a three-year prison sentence for receiving stolen property was refused the grant of an A licence on expiry of a special-A licence.
Why the police had never appeared before the Authority—since the passing of the Act—to prevent stolen goods being carried by licensed vehicles was beyond his comprehension, said Mr, Hanlon.
If the police had not thought of it, he sincerely hoped they would do so. Other similar cases, which he would be dealing with, had come to light as a result of newspaper reports.
Mr. Hanlon observed that if a man applied for a licence to sell beer or for a hackney carriage and had a criminal record, the police were usually active in preventing him from obtaining a licence. In the past, they had never taken steps to see that an application by such a person for a goods vehicle was dealt with in such a way as to enable the Authority to take his previous conduct into account.
Inquiries into Conduct The applicant, George Thomas, South Bank, Middlesbrough, first applied at Stockton in January, when his brother appeared before Mr. Hanlon. On being told that the applicant was in prison, in connection with the theft of non-ferrous metals, the matter was adjourned for inquiries to be made into the applicant's previous conduct as a carrier of goods.
Mr. Hanlon told Mr. T. H. Campbell Wardlaw, who represented Thomas, that inquiries revealed that a 11-licensed vehicle belonging to Thomas had been used to convey the stolen metals for which be was convicted and sentenced to three years' imprisonment in April, 1959. Mr. Hanlon said that he ought to consider, under Section 6 of the 1933 Act, whether, in the public interest and having regard to the previous conduct of the applicant, he should take this into account when• determining the application.
In order that the applicant should have an opportunity of showing why this should not be taken into account, Mr. Hanlon had taken steps to obtain a Home Office Order to enable him to appear.
The police officer who had been in charge of the case said that Thomas had been arrested on being found in possession of stolen metal to the value of £400. He had pleaded guilty. Thomas had had a similar previous conviction in 1952, when he was sentenced to three years' imprisonment.
Mr. Wardlaw said that the B licence, which concerned the vehicle, was not in issue at the moment, although it might be later. His client was serving a penalty for this crime and he felt that if this application were refused he would suffer another grievous punishment.
Giving decision, .Mr. Hanlon said that it was not within his power to deal with al2
the B-licensed vehicle, which had carried the stolen property, but when the time came for its renewal, he would serve a notice on the applicant so that the matter might.be taken into consideration.
The question of the police appearing in matters of this sort seemed to be an important one. If necessary, they should come forward and object to the granting of an A or B, or any sort of licence, for the carriage of goods by a person with a criminal record whose conduct had involved the carriage of stolen goods on licensed vehicles.
In his opinion, said Mr. Hanlon, Section 6 (2) (b) did apply to a case of this sort. The applicant had a previous conviction for receiving stolen metal and was not a fit and proper person to be granted a licence, under the 1933 Act. He refused the application.
VEHICLE SMOKE PROSECUTIONS 'THERE were 72 prosecutions in the
Metropolitan Police District last year, under the regulation which makes it an offence to use a vehicle which emits smoke.
This information was given by • Mr. David Renton, Joint Under-Secretary of State for the Home Department, in a Parliamentary reply, last week, to questions on diesel smoke.
Asked if he would use his influence to persuade the police to take a more active interest in this matter, Mr. Renton said it was a matter for the Commissioner, who was "anxious to enforce the law in this respect,"
Labour Still Want Nationalization
IE manceuvring now taking place within the Labour Party, with Mr. Gaitskell attempting to satisfy moderates and Clause 4 adherents alike, had resulted in the revival of a strong party view on the nationalization of road haulage, said Mr. R. N. Ingram, national chairman of the Road Haulage Association, at Southport last week.
The prejudice which was being displayed was fatal to any impartial survey of transport, and was particularly disappointing when uttered as a part of party dogma by Socialists with a wide knowledge of transport.
The free haulier was providing a useful service, with the highest standards of efficiency. Mr. Ingram described Clause 4 as "antiquated." The arguments in its favour could not be taken \ seriously. Voluntary co-operation in different fields of transport was different from integration between road and rail.
Charges that hauliers did not keep within the law regarding hours of work ignored the difficulties of the employer. Mr. Ingram added that it was nonsense to suggest that the misdeeds of the few should be made the excuse for liquidating the many.
No offence was punishable by nationalization: nor should the Socialists be allowed to condemn the complete industry.
COMPULSORY WINDING-UP
IN the Chancery Division, on Monday, 1 Mr. Justice Buckley ordered the compulsory winding up of Hands Transport, Ltd., Clements Road, Yardley, Birmingham, on the petition of Thomas Allen, Ltd., Hermitage Wall, Wapping, London, E.1. It was based on a trade debt of 0,569, and Mr. Richard Sykes, for Thomas Allen, Ltd,, said that there were no notices of opposition or support.
The Hands company did not appear and were not represented.