aibunal reduces killers' penalty
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,TIES imposed by ith Wales Licensing ity on a family road business were much 'ere, it was argued the Transport II in London last /avid Alan Price and Price and Sons xl) Ltd, both of Den. 1, appealed.
e case of David Alan rho had three of nine (I vehicles deleted is 0 licence for six ;, last August, the al allowed the appeal :xtent of reducing the penalty to three vehicles for three months.
Mr C. Rosser John said the LA considered one conviction for overloading, one immediate and one delayed GV9 prohibition, for all of which there were not unreasonable explanations. Although maintenance records were not signed the defects found and the repairs carried out were initialled by the person responsible.
From August, 1973 to March, 1974, there was no complaint about maintenance. The facts did not warrant the suspension of one-third of the fleet for such a long period, he said.
The case of Alan Price and Sons (Bargoed) Ltd, a new company, which was granted only two of five vehicles sought, because the LA considered the application was made in order to mitigate the penalty imposed on David Alan Price, was remitted for further consideration.
Mr Rosser John argued that the LA had no good ground for restricting a grant to two vehicles for 12 months. The application was dealt with under S.64 of the Transport Act and the company was clearly regarded as a "fit and proper person" or there would not have been a grant. The maintenance arrangements were not regarded as unsatisfactory and no adverse comment was made concerning finance.
The discretion of the LA, not to make a full grant, had not been properly exercised, said Mr Rosser John. The fact that one of the directors had had his own licence curtailed was not sufficient cause.