Forwarding Agents Beware
Page 39
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CHIPPING and forwarding agents I–) will be wise to consider whether they are operating strictly in accordance with the law if they are conveying goods from airports and docks, through Customs and on to their ultimate destination, using C-licensed vehicles.
As briefly reported last week, a London firm of agents, warehousers and packers had an appeal dismissed by the Lord Chief Justice. The firm had been convicted and tined by a magistrates' court for failing to comply with the conditions of a C licence in that goods had been carried for hire and reward. (Which, of course, requires an A or B licence.) The point at issue was this: Does the clearance of goods through Customs amount to a subjection of the goods to a process, which would be covered by section 164(5)(b) of the 1960 Act?
Lord Parker did not see how, " by any stretch of language", it could be said that this amounted to a subjection of the goods to a process. In doing so, he has done air freight carriers and so on a power of good.