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Close call on lost repute

29th October 1992
Page 15
Page 15, 29th October 1992 — Close call on lost repute
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Which of the following most accurately describes the problem?

• Convictions for theft recorded against three directors of Birmingham-based Sharkey Metals has led to the company's Operator's Licence being suspended for six weeks by West Midland Licensing Authority John Mervyn Pugh.

In February 1991, Lawrence and Gary Sharkey were convicted of conspiring to steal £12,500 in cash, and Lawrence and Glen Sharkey were convicted of conspiring to steal £10,000 worth of coal. Lawrence was given a two-year prison sentence and ordered to pay £25,000 in fines and costs. Glen was sentenced to six months in prison and ordered to pay £13,000 in fines and costs. Gary was fined £14,500 including costs.

For the company, Nicholas Roy said it was conceded that these were serious offences and the conspiracy to steal coal related to the operation of the company's vehicles.

The offences occurred between 1987 and 1988. The company had continued to trade despite the prison sentences im posed on two of its directors. Customers had written letters to the LA, expressing their satisfaction with the company's services.

A fourth director, Teresa Sharkey, had no involvement in the offences and if the licence continued it was proposed to employ a CPC holder as transport manager.

If the licence was revoked the business would probably close, as the company needed its own transport for timed deliveries. The company was 35 years old and these were the first convictions it had received, said Roy. Mervyn Pugh said that it was a very serious matter when operators were involved in criminal acts relating to the use of goods vehicles. Such operators could never expect not to be penalised. However, in deciding not to revoke the licence he had taken into account the fact that the company was not prosecuted and that the other director had not been involved. There was sufficient evidence to say the company had not lost its repute and he did not feel that the three convicted directors had lost their repute; although they had come dangerously close to it.

The haulage industry was a proud and respected industry. It had been let down by the three Sharkeys and they must realise that he was imposing a lenient penalty.


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