A question of jurisdiction
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A QUESTION of a Licensing Authority's jurisdiction was raised at Newcastle upon Tyne last week, when Kenneth Hay of Bedlington, Northumberland, appeared at a disciplinary inquiry. Convictions for attempted smuggling of butter into this country by lorry, were to be considered.
Hay had been fined a total of £1 ,400 by Dover magistrates -in May, this year, after pleading guilty to 14 charges of causing a ship's manifest to show a vehicle and trailer as empty when, in fact, they contained consignments of butter from Belgium.
Submitting the convictionsdid not concern transport use, Mr A. W. S. Hird said Hay had been the importer and employed another haulier to bring in the butter. He was not involved in the carriage and it was not his vehicle or trailer. He had pleaded guilty on Counsel's advice.
Questioned by the LA Mr J. A. T. Hanlon, Mr Hay agreed he had used his own vehicles for the carriage of meat and foodstuffs to and from the Continent. This was more than 10 years ago and had ceased when he found it better to hire specialized transport.
In the Dover-case he had acted as importer on behalf of a Belgian friend, making arrangements for the haulage and delivery to cold stores. Beyond that he had nothing to do with the matter and the haulier concerned had not been employed before or since. All his own large vehicles had been sold and only onesmall vehicle was now specified on the ol ice nce Mr Hanlon said he accepted that the Dover convictions ought not to be considered hut, if Mr Hay had been using his own vehicle, he would have had no hesitation in ordering revocation.
After considering other convictions concerning unauthorized use of vehicles and a number of prohibitions, the LA was told that Hay was also a pig breeder and needed a vehicle to transport food and equipment.
Mr Hanlon said Hay had completely ignored the regulations and the licence authorization would be curtailed to one vehicle.