Revocation after partnership ceased to exist
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MJ and P C Venskunas
• The operator's licence of M J and P C Venskunas, brothers, has been revoked by Metropolitan LA Air Vice-Marshal R G Ashford because the LA was not notified of the changes in ownership of the business using the vehicles and because the application for its current licence had stated falsely that it was made by M J Venskunas.
In a written decision the LA says that the brothers were called to a public inquiry in February this year; there was no response to the call-up letter and neither brother appeared at the public inquiry.
The call-up letter expressed concern that the Venskunas partnership as declared in the licence had ceased to exist; the application for the licence was falsely made; and Ron Hall of R H Transport Services and Ron Hall International Trucking Ltd had taken effective control of the Venskunas licence.
The LA says that his decisions on the latter two licences given in writing (the reports of these follow) are connected with this present determination and provide further evidence on which he bases this judgment.
The LA finds that M J Venslcunas's statement to the Kent Constabulary, although apparently partly modified or withdrawn at a hearing into a case against Hall at Snaresbrook Crown Court in March 1987, is substantially correct. The Venskunas partnership came to an end soon after the licence was granted.
This fact, says the LA, is corroborated by Hall's evidence at a public inquiry in July 1987. Hall took over the Venskunas licence at the end of 1979 when M J Venskunas, the remaining active partner, moved to the Peterborough area.
The LA was not informed of these events, contrary to a condition on the licence.
The LA finds further that Hall was convicted in March 1987 at Snaresbrook Crown Court for forging M J Venskunas's signature on the application (GV79) for the present licence. This licence was granted on the basis that the partnership of the Venskunas brothers still existed and there was no material change in the ownership of the business. Neither was true.
• In his written decision on Ron Hall, trading as R H Transport Services, called to a public inquiry, the LA revokes the licence as Hall no longer satisfies the requirement to be of good repute. The LA also revokes the licence in that there has been a material change in the circumstances of the holder which were relevant to the grant of the licence namely that Ron Hall is not a fit person to hold a licence.
The LA directs that Hall be disqualified for five years from holding an operator's licence in any traffic area with immediate effect.
Hall had held a licence since 1971, says the LA. He was called to a public inquiry since his conviction at Snaresbrook Crown Court in March 1987 for forgery and the possession of a forged document cast doubt on his good repute. This conviction stemmed from his association with the licence issued to M J and PC Venskunas.
Hall neither responded to the call-up letter nor appeared at the public inquiry. Newton, his transport consultant, was present but stated that he had not had instruction and had been unable to contact Hall. Nevertheless, he sought an adjournment, which was refused.
Details of Hall's involvement with the Venskunas licence are given in his attache decision concerning Ron Hall International Trucking Ltd and should, says the LA, be read in conjunction with this decision. Hall owns a controlling interest in the latter company.
The LA finds that Hall was convicted Snaresbrook Crown Court in March 1987 of fly counts involving forgery, including forging M Venslcunas's signature on an application for licence and an application for internation road freight permits.
The forgery had led to the granting of licence improperly. Two important facts wet concealed: the break up of the Venslcun brothers' partnership and that Hall had acqui red a financial interest in the Venskun business. Hall had acquired effective control the Venskunas licence about the end of 1979.
The purpose of Hall acquiring the Vensku nas licence, says the LA, was to enable him t acquire improperly international freight per nuts.
Hall had manipulated vehicles between the three licences he controlled, says the LA. Such manoeuvring was seemingly aimed at confusing the enforcement agencies.
Hall's conduct in relation to the operation of the licence held by Ron Hall International Trucking Ltd is pertinent to a determination of Hall's repute, says the LA, and the full circumstances are given on an attached decision (reported in the following case).
"These findings have led me to determine that Mr Hall no longer satisfies the requirement to be of good repute," says the LA. 'I recognise that up until the conviction in March 1987 the conduct of R H Transport Services licence had been without apparent offence. This does not, however, override the conviction for forgery and the events this had subsequently revealed.
"I regret Mr Hall's absence when the inquiry was called. But I can only conclude that he preferred not to have his affairs probed."
• In the third written decision, the LA refuses the application of Ron Hall International Trucking to renew its licence, on the grounds that the company and its directors cannot satisfy the requirement as to good repute