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The curious renewal

3rd April 1982, Page 8
3rd April 1982
Page 8
Page 8, 3rd April 1982 — The curious renewal
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Which of the following most accurately describes the problem?

BARRIO LTD, transport operator, of Borden, Sittingbourne, Kent, was granted a renewal of its operator's licence at Maidstone last month for 12 vehicles and 16 trailers.

The application to renew the licence was surrounded by a mystery conviction against the company recorded by Pirehilf North Magistrates Court at Newcastle-under-Lyme.

Solicitor, Major Champion, who represented the company at the hearing, told the South Eastern Licensing Authority that the "company's record of prohibitions and convictions over the past five years, although not splendid, was not too bad".

The company had been convicted of three offences of overloading at Sittingbourne in 1981 and was fined. Four prohibitions had been placed on the company's vehicles between 1979 and 1981 in respect of poor maintenance. The conviction recorded at Pirehill North Magistrates' Court in March 1980 was disputed by the company's managing director, Michael Winston Baldock. It consisted of four convictions in all: failing to display an excise licence; having no operator's licence; failing to enter a driver's name on the record book; and having no current excise licence. Fines were imposed totalling £420.

Mr Baldock told the court that the vehicle on which the fines were imposed had never been operated by or owned by his company. He said that he had found out from a friend that the vehicle had never existed, or been registered.

The LA agreed that it was a very odd story, since the company had not received a summ ons to appear at the Magistrates' Court, yet the conviction was recorded in the firm's name.

In his decision the Licensing Authority did not take the conviction into account. He did, however, curtail the licence by one vehicle for a period of three weeks.

Mr Baldock commented that his only problem was which one of his drivers he would have to sack for the period of the curtailment.


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