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Previous case 'never spent'

24th September 1987
Page 25
Page 25, 24th September 1987 — Previous case 'never spent'
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Which of the following most accurately describes the problem?

• A Grimsby owner-driver, who spent five years in a West German prison after a conviction for smuggling drugs, has had his operator's licence revoked, but North Eastern Licensing Authority Frederick Whalley has directed that his decision should not take effect until 14 October.

George Stanley, who held a licence for two vehicles and one trailer, was called before the LA because he had failed to declare the conviction when he applied for the licence in April 1984.

Traffic Examiner Malcolm Plaskett said that following the receipt of an anonymous letter he had interviewed Stanley who admitted not declaring the conviction. Stanley had said he had thought there was no need because the conviction had been over five years before.

Stanley said that in August 1981 he had been convicted in Munich of smuggling 68 kilos of hashish in the spare wheel of his vehicle, but he had counted the date of conviction from the date of his arrest in January 1981. He had no intention of deceiving anyone.

Whalley commented that the date of arrest was very different from the date of conviction, but in any event this type of conviction was never 'spent'.

Revoking the licence, Whalley said the fact that the conviction had not been declared meant full and proper consideration had not been given to the original application. Stanley had made a false statement, whether knowingly or not.

In directing that his decision did not take effect until 14 October, Whalley said that he would give Stanley an opportunity to make a further application when all the material facts could be considered.

He warned that in considering that application he would be concerned about Stanley's repute as an operator.