Warning and Reprimand for Granary Haulage
Page 37
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A LTHOUGH Granary Haulage Ltd. of ri Burton-upon-Trent made a statement of intention in November, 1962, when it took over two A-licensed vehicles from R. Wootten, that it would be carrying substantially the same traffic as the vendor had done, by the second half of 1964 the vehicles were carrying 90 per cent new traffic.
This was stated at a public inquiry held under Section 178 of the Road Traffic Act 1960 at Birmingham on Monday. Granary Haulage was called before the West Midland Licensing Authority, Mr. J. Else, as a result of certain irregularities in the operation of these vehicles which came to light at a hearing of the company's application for a 42-vehicle A licence in January. The application was later withdrawn.
Mr. Else said he felt entitled to be suspicious when he found that the firm's operation in a certain field of goods carriage had started through the back gate after unsuccessful attempts to enter the haulage business through the front gate.
At the time of the take-over application, the vehicles spent 80 per cent of their time carrying foodstuffs for Alfred Bird and Sons Ltd. from a base in Birmingham.
The Bird traffic started falling in the first half of 1963, when it stood at 48 per cent. to nil in the second half of 1964. In the meantime, Granary was granted a .contract vehicle and had its B licence varied to allow carriage for Bird.
At the same time, said Mr. Else, the new traffic—beer for Woodcock's Transport (Midlands) Ltd.—rose from 46 per cent in the second half year of the twoyear period under review to 90 per cent in the last half year. Without informing the LA, two vehicles were moved from Birmingham to Burton—a more convenient situation for handling the beer This presented a grim picture, but Mr. M. H. Jackson Lipkin, for Granary, had successfully presented evidence to show that this situation had resulted from ignorance rather than a deliberate desire to breach the licensing system. Clearly, ignorance was not a defence, but it was a mitigating factor. Added to that was the very drastic action the company had taken to prevent such things happening again. In the light of this evidence, he was able to treat the matter with exceptional leniency.
Mr. Else recorded a reprimand and warned Granary about its future conduct. He said that he would expect the company to make an application for a new normal user in respect of the two vehicles in accordance with its real traffic—the carrying of beer.
When the matter came to a head Granary had reverted to its original declaration of intention for the two vehicles—the Bird traffic. Mr. Else said Granary must continue to do so until a new application had been decided. "I consider that punishment enough ", he said.
Mr. R. J. M. Durbin, transport manager for Granary until last January, said in evidence that at the time he had not realized that he was doing anything wrong by taking on the beer traffic. Foodstuffs were included on the normal user and he considered beer a foodstuff.
Woodcock's became regular customers almost by accident, he said. They telephoned for a vehicle out of the blue one day and it so happened that he had one in Burton at the time.
The chairman and managing director of Granary, Mr. K. F. BoardmanWeston gave a solemn undertaking that the company would never again deviate from the licensing laws. The position in which the company found itself was tragic, he said.
Mr. Jackson Lipkin contended that so far as Acts of Parliament were concerned, beer was a 'food. Mr. Else interjected to say that for the purposes of these proceedings he was prepared to regard beer as a foodstuff. However, Mr. Else said that in context of licensing the terminology should be food and drink, and beer was definitely drink.
An application by Granary to add goods for Marley Tiles Ltd. to its B licence was adjourned through the lack of a customer witness.
Switch to 'A' Granted
AN amended application by Prinie Godfreys Sons Ltd., of Swavesy and Stretham (Cambs) for the conversion of their fleet to an all A-licensed one was granted by the Eastern Licensing Authority at Cambridge last week.
For the applicants, Mr. Richard Yorke said that his clients wished to operate in the future solely as public hauliers on open A licences. The nature of the work was mainly agricultural and horticultural produce and requisites and pre-cast concrete products.
An application for six extra vehicles on open A licence had been withdrawn after consultation with British Road Services prior to the hearing. Regarding any objection which BRS might still have to the application Mr. Yorke assured them that their existing traffic would not be affected.
Asked by Mr. Kaile to give an assurance that Prime Godfreys would not -apply for extra vehicles in the future, Mr. Yorke said that his clients must first see how the united fleet with its increased flexibility would work. But he did give an assurance that no further applications for Contract A, B or C licences would be made.