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Revocation and Warning

18th March 1966, Page 44
18th March 1966
Page 44
Page 44, 18th March 1966 — Revocation and Warning
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Which of the following most accurately describes the problem?

TWO brothers, who operated seven vehicles under the name of W. Young and Son, of Hexham, did not have the "necessary know-how" to run their business. They had six prohibition notices issued against their vehicles in five years and were heavily fined at Hexham Magistrates Court last month for 21 breaches of licence conditions and forgery.

This was said by solicitor Mr. B. G. Montgomery, on behalf of the brothers when they appeared last week before the Northern Licensing Authority, Mr. J. A. T. Hanlon, to show why their licences should not be revoked or curtailed under Section 178 of the Road Traffic Act. Mr. Hanlon revoked the company's B licence, refused an application for a variation, and warned about licence use.

Mr. Montgomery said that "the position they find themselves in is a result ofignorance; of not having the necessary know-how to run their business efficiently. It was in an effort to meet the demands of their customers that they began to operate in a breach of the law."

He said the forgery concerned only one of the brothers, Mr. John Cole Young. He said that Mr. Young had changed the radius on a limited B licence from 25 miles to 125 miles and had then sent it to the Ministry of Transport for renewal expecting that the new 125-mile radius would automatically be put on. "But the chance of that was about a million to one", added Mr. Montgomery.

Mr. Young said: "I never really studied how to operate a haulage business. I made the alterations to the licence because I was desperate. I could not meet the demands of my customers". He added that he and his brother now intended to run their business on a proper basis.

The brothers also applied for a variation to their B licence to increase the operating radius from Hexham Post Office to 125 from 25 miles.

Mr. Hanlon said: "I am told that the alteration to the licence was not done with intent to deceive but that it was done out of ignorance and Mr. Young did not know what he was doing. The Justices at Hex ham were told something quite different. References were made at that hearing about British Railways, British Road Services and the licensing laws which were quite untrue. This alteration was not done in ignorance. It was done wilfully."