Coal as "Household Effects " !
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" I HAVE never come across an I applicant before who has been able to put such a peculiar interpretation on a condition attached to his licence," said Mr. G. H. P. Beames, in the course of a submission for railway objectors to a B-licensee at Liverpool, last week.
Mr. H. Smethurst, of Bebington, Cheshire, a coal, sand and gravel merchant, applied before Sir W. Hart, the North-Western Deputy Licensing Authority, for a renewal of his B licences for five vehicles of 10i tons, with variation of conditions. Replying to a question by Mr. Beames, applicant said that, until recently, i:e believed he was entitled to carry coal for hire or reward under the condition on his licence, which allowed him to transport furniture and household effects.
Mr. Beames said these conditions had been standardized since 1934, and that the applicant put a very generous interpretation on them. He said: "I have carried coal for people for a long time, on the understanding that it was part of household effects."
The attitude of applicant, he said, did not entitle him to any consideration or sympathy, for it had been one of complete indifference to what his licence told him he might do. If such an attitude were to be regarded with sympathy there was bound to be a corresponding weakening of the Authority's control. The least that could be done was for Mr. Smethurst, he said, to be censured and for the application to be granted only on the same terms as had previously applied to it.
Mr. Allen Walters, for members of the Liverpool Cart and Motor Owners Association, associated himself with Mr. Beames's remarks, and said his clients had no objection to a new licence being issued provided there was no alteration.
Mr. E. A. Whitehead, for applicant, said he was an absolutely honest man. Regret was really expressed in the fart that applicant, before being challenged, gave all details of the irregular operations, and explained how they came about. He made his mistake in the first currency period and kept on until he recently joined Associated Road Operators (which Mr. Whitehead represented), and when his licence came up for renewal the mistake was discovered and they were now endeavouring to rectify it. He did not consider that applicant had shown a complete disregard of the Authority.
" 1 think there has been a deliberate neglect of the conditions imposed on this applicant," said Sir William Hart, " and I look upon it as a somewhat serious case. I will consider what has been said on behalf of applicant, and what has been said in regard to reducing his grant, and reserve my decision."