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Offended in ignorance

4th August 1994, Page 18
4th August 1994
Page 18
Page 18, 4th August 1994 — Offended in ignorance
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Which of the following most accurately describes the problem?

• A licence bid by John Simpson, trading as Day Emm has been adjourned by North Western Licensing Authority Martin Albu. The LA stopped the case after hearing that Simpson was appealing against convictions recorded against him on the grounds that he was not a partner in the business concerned.

Simpson's application for four vehicles and a trailer based in Bolton was opposed by Greater Manchester Police, who alleged he was unfit to hold a licence.

For Simpson, Charles Stansfield said two sets of convictions, one at Wigan and one at Leigh, had been recorded, in his absence, in the name of John Simpson, trading as Durham Tarmac Contractors. Simpson said he had never been a partner in that business and that he had merely acted as site agent for the proprietor, Tho mas Watson. Appeals to the Crown Court were being lodged on that basis. There were a two further prosecutions pen-ding, one at Bolton and one at Wigan. In both those cases the alleged offences were denied.

Albu said his information was that the vehicles were not registered in Simpson's name until after the convictions.

But Simpson had not declared the Leigh convictions in his application form and had failed to notify the subsequent convictions at Wigan. Stansfield said Simpson had not been aware of the Leigh convictions when he submitted the form. The subsequent failure to notify arose out of ignorance.

PC Graham Robinson said that at Leigh Simpson had been fined £300, with .C25 costs, for the unauthorised use of two vehicles and at Wigan he had been fined £1,110 with £65 costs for two similar offences and for using vehicles without insurance. When Simpson was arrested, he had a cheque book in the name of John Simpson and Thomas Wat-son, trading as Durham Tarmac Contractors. Simpson had admitted to him that he was a partner in the firm, but later denied it.

Further proceedings were pending at Ormskirk, for using vehicles without insurance and without an 0-licence, and at Leigh, for using vehicles without an 0-licence in the new business name.

Denying that he had been a partner, Simpson said he had been paid £300 a week by Watson to act as his site agent. Denying he was described as a partner on the cheque book, Simpson said he could sign cheques up to an amount.

Simpson said that Watson was in financial difficulty yet the bank had not app-roached him about any outstanding debts in the name of Durham Tarmac. He had stopped working for Watson in December when he realised the vehicles were not being insured.

Adjourning the proceedings to await the appeals and the pending prosecutions, Albu said it seemed a strong possibility that some or all the offences had been committed, but it seemed it was in a state of ignorance.


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