| (F7XPSUNK) |
[1] Morning. |
| (F7XPSUGP) |
[2] Morning. ... |
| (F7XPSUNK) |
[3] There are some licensing applications Your Worships. [4] ... Application that, listed as number fifty three please Your Worships. [5] ... Mr of the Cross Keys. [6] ... At Ribchester Your Worships. [7] ... Mr [...] at all? |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[8] Licensee of the Cross Keys Ribchester. |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[9] And you're making applications for an occasion licence ... for Saturday the twenty ninth of October ... to run a bar at Norbury village hall ... on behalf of the ... the village hall committee, is that right? |
| (F7XPSUNK) |
[10] That's right Your Worships, yes. |
| (F7XPSUNK) |
[11] And the hours you're asking for are seven thirty P M to eleven forty five P M? |
| (F7XPSUNK) |
[12] That's right. |
| (F7XPSUNK) |
[13] I think you did send this in ... intending it to be a postal application ... Mr ? |
| (F7XPSUNK) |
[14] I did yes. |
| (F7XPSUNK) |
[15] But er Your Worships the matter was adjourned by your colleagues until today because er ... Mr did ... indicate on the application form that er he would not be ... in fact operating the bar himself but that it would be somebody else. [16] So I think your colleagues wanted more information about that so |
| (F7XPSUNK) |
[17] Yes. [18] Who will be operating the bar Mr ? |
| (F7XPSUNK) |
[19] Well I ... erm er er Mr Roger . [20] Actually I'll be ... operating between the village hall and the Cross Keys and Mr Roger has [...] the pub for the last sixteen years or so. |
| (F7XPSUNK) |
[21] Well our concern is does this gentleman understand the licensing laws? |
| (F7XPSUNK) |
[22] Oh yes. [23] Definitely. [24] ... I'll, I'll be going to the village hall but I might have to go back to the Cross Keys, that's why I put Roger , perhaps I put the wrong thing on you see? [25] I'll be in charge of the bar actually. ... |
| (F7XPSUNK) |
[26] So physically you will be exercising some degree of supervision during the evening will you? |
| (F7XPSUNK) |
[27] Oh yes, yes. |
| (F7XPSUNK) |
[28] Will you be there er when it's time to close Mr ? |
| (F7XPSUNK) |
[29] I will yes. ... |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[30] Oh yes definitely, that's right Your Worship yeah. ... |
| (F7XPSUNK) |
[31] Then this application be granted. |
| (F7XPSUNK) |
[32] Ah thank you very much. ... |
| (F7XPSUNK) |
[33] Right thank you. [34] Thank you very much. ... |
| (F7XPSUNK) |
[35] The application that's before Your Worships is a ... a temporary authority in respect of Kwiksave Supermarket. |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[36] Jacqueline is the applicant Your Worship. [37] ... Are you represented by a solicitor? |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[38] Alright so ... Could you take the oath please. [39] Hold the bible up in your right hand and read the words from that card. ... |
| (F7XPSUNK) |
[40] [reading] I swear to almighty god that the evidence I shall give in this court shall be the truth the whole truth and nothing but the truth [] . |
| (F7XPSUNK) |
[41] Yeah. [42] And tell the magistrates your full name and address could you? |
| (F7XPSUNK) |
[43] Jacqueline ... |
| (F7XPSUNK) |
[44] And what is your date of birth |
| (F7XPSUNK) |
[45] Thirteenth of [...] |
| (F7XPSUNK) | [cough] |
| (F7XPSUNK) |
[46] sixty four. ... |
| (F7XPSUNK) |
[47] And you're making the application for temporary authority to ... operate the licence in respect of premises ... known as Kwiksave Supermarket? |
| (F7XPSUNK) |
[48] That's right. |
| (F7XPSUNK) |
[49] At er is that right? |
| (F7XPSUNK) |
[50] That's right yes. ... |
| (F7XPSUNK) |
[51] Is the outgoing licensee present? |
| (F7XPSUNK) |
[52] Pardon? |
| (F7XPSUNK) |
[53] Is the outgoing licensee present? |
| (F7XPSUNK) |
[54] No. |
| (F7XPSUNK) |
[55] Why? ... |
| (F7XPSUNK) |
[56] I don't know. |
| (F7XPSUNK) |
[57] You don't know? |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[58] Well somebody's handed these documents [...] |
| (F7XPSUNK) | [cough] |
| (F7XPSUNK) |
[59] today. |
| (F7XPSUNK) |
[60] Yeah. ... |
| (F7XPSUNK) |
[61] And the present licence holder is Susan . |
| (F7XPSUNK) |
[62] That's right. |
| (F7XPSUNK) |
[63] But ... sir there is a letter simply saying er she consents to the ... er application but there's no indication as to why she's not here. [64] ... Is that lady down there from ... Kwiksave? |
| (F7XPSUNK) |
[65] Yes. |
| (F7XPSUNK) |
[66] She doesn't work for the company at all? ... |
| (F7XPSUNK) |
[67] What's your role in Kwiksave? |
| (F7XPSUNK) |
[68] Supervisor. |
| (F7XPSUNK) |
[69] In this depot in Clitheroe? |
| (F7XPSUNK) |
[70] That's right. |
| (F7XPSUNK) |
[71] Are you there permanently? [72] All |
| (F7XPSUNK) |
[73] Yeah. |
| (F7XPSUNK) |
[74] day [...] |
| (F7XPSUNK) |
[75] Yes. |
| (F7XPSUNK) |
[76] premises are opening? |
| (F7XPSUNK) |
[77] Yes. ... |
| (F7XPSUNK) |
[78] What er experience have you got in er ... the sale of intoxicating liquors ... Miss ? ... |
| (F7XPSUNK) |
[79] Well I've worked ... for the past two year really [...] ... |
| (F7XPSUNK) |
[80] Where? |
| (F7XPSUNK) |
[81] I used to work at [...] and then [...] ... |
| (F7XPSUNK) |
[82] And how long have you been in these particular premises? |
| (F7XPSUNK) |
[83] Er ... about a month. |
| (F7XPSUNK) |
[84] Mr |
| (F7XPSUNK) |
[85] Sir? ... |
| (F7XPSUNK) | [cough] ... |
| (F7XPSUNK) |
[86] Well no, it's just that she said [...] |
| (F7XPSUNK) |
[87] [...] And er Miss do you intend to apply for the transfer of this licence? |
| (F7XPSUNK) |
[88] Yeah. |
| (F7XPSUNK) |
[89] Has an application been submitted ... for that purpose? |
| (F7XPSUNK) |
[90] Yes. ... |
| (F7XPSUNK) |
[91] [...] transfer [...] |
| (F7XPSUNK) |
[92] Oh ... [...] ... |
| (F7XPSUNK) |
[93] Well I'm not so sure this applicant knows very much about what's going on here anyway Your Worships. [94] It would appear to be most of this is [...] Kwiksave Supermarket. |
| (F7XPSUNK) |
[95] [...] ? |
| (F7XPSUNK) |
[96] For all practical purposes at this stage sir she may appear to you to be a fit and proper person ... I've no doubt the Licensing Committee will want to know a lot more about ... the situation sir. [97] If I recall rightly I think that it's not that long ago that the licence was transferred ... to the present holder. ... |
| (F7XPSUNK) |
[98] You are aware Miss that any persons working in that department have got to be of age? |
| (F7XPSUNK) |
[99] Yes. ... |
| (F7XPSUNK) |
[100] And you undertake that that will apply? |
| (F7XPSUNK) |
[101] Yes. |
| (F7XPSUNK) |
[102] And you are aware of the restrictions on drink for young people? |
| (F7XPSUNK) |
[103] Yeah |
| (F7XPSUNK) |
[104] And the sort of concern about that aspect? |
| (F7XPSUNK) |
[105] Yes. |
| (F7XPSUNK) |
[106] Well we're going [clears throat] to grant this protection order which is temporary permission to keep your premises open, but I must tell you that there will be a lot more investigation before the order is granted permanently ... and the transfer stands. [107] And we're ordering that the other person if possible attends [...] |
| (F7XPSUNK) | [cough] |
| (F7XPSUNK) |
[108] If she's not in the district that will be difficult ... but if it is possible if she's in the district we order that she attends at transfer sessions ... the outgoing licensee. ... |
| (F7XPSUNK) |
[109] Have you got the licence for ... Miss ? |
| (F7XPSUNK) |
[110] No [...] |
| (F7XPSUNK) |
[111] Well that it will not be effective until er you produce that licence to this court. [112] Erm I assume if that this er if the licensee has left those premises ... w ... she's physically left has she now? |
| (F7XPSUNK) |
[113] Yeah. |
| (F7XPSUNK) |
[114] Er when did she go? |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[115] She left the company then? |
| (F7XPSUNK) |
[116] Mm. |
| (F7XPSUNK) |
[117] I see. [118] Well I would have expected those premises not to be selling intoxicating liquors [...] you've obviously not had a licence for a month. [119] That will also be er considered by the licensing committee at the next hearing. [120] ... You must produce that licence, otherwise it's not effective er Miss . [121] See as the licensee you have responsibilities. [122] It's all very well the company telling you as employee what to do, but you, you're the one who's going to be in difficulties if you don't comply with the licensing laws. ... |
| (F7XPSUNK) |
[123] The whole application's not been very satisfactory [...] |
| (F7XPSUNK) | [cough] |
| (F7XPSUNK) |
[124] and the fact that the licence is not here ... puts you in, in, in difficulty. [125] We are aware now that you're operating without a licence and it's up to you to get that licence here as quickly as possible. [126] ... Er, she can go for now. ... |
| (F7XPSUNK) |
[127] To deal with application listed number forty four Your Worships, please. [128] It's in respect of a ... temporary authority ... for the Edisford Bridge Inn Your Worships. |
| (F7XPSUNK) |
[129] Your Worships please ... I'd like to make application on behalf of Mr James Henry for a protection order in respect of the Edisford Bridge Hotel. |
| (F7XPSUNK) |
[130] Er Mr, Mr , Mr ... . [131] your full name is James Henry ? |
| (F7XPSUNK) |
[132] Yes sir. |
| (F7XPSUNK) |
[133] And you have resided for the last six months at the Railway Hotel and at er ? |
| (F7XPSUNK) |
[134] Yes. |
| (F7XPSUNK) |
[135] And are you this morning applying for the protection order in respect of the Edisford Bridge Hotel? |
| (F7XPSUNK) |
[136] Yes. ... |
| (F7XPSUNK) |
[137] Er would you, would you ... tell the ... Your Worships what experience you've had in the licence trade? |
| (F7XPSUNK) |
[138] Er yes [...] current position er at the moment I'm the licence [...] training manager for ... brewery and I've held that position for ... five and a half years. [139] Er previous to that I held the licence at The Three Fishes at [...] er for three years. [140] Er previous to that I held the licence for The Mason's Arms at [...] for three years previous to that ... and before that I've been connected with the ... catering and licence trade from being fifteen. |
| (F7XPSUNK) |
[141] And you're therefore quali qualified to have a justices licence [...] length of time? |
| (F7XPSUNK) |
[142] I [...] |
| (F7XPSUNK) |
[143] And are you applying to [...] , are you proposing to apply for the permanent transfer of this licence? |
| (F7XPSUNK) |
[144] Yes sir. |
| (F7XPSUNK) |
[145] Thank you. [146] Er Mrs please. [147] Mrs , your full name is Margaret ? |
| (F7XPSUNK) |
[148] Yes. |
| (F7XPSUNK) |
[149] And are you the current licensee? |
| (F7XPSUNK) |
[150] I am yes. |
| (F7XPSUNK) |
[151] And do you support and consent to this application this morning? |
| (F7XPSUNK) |
[152] I do yes. |
| (F7XPSUNK) |
[153] That is the application Your Worships. ... |
| (F7XPSUNK) |
[154] [...] protection order be granted? |
| (F7XPSUNK) |
[155] Worships please. ... |
| (F7XPSUGP) | [...] |
| (F7XPSUNK) |
[156] Excuse me a moment Your Worships while I write the [...] out. [157] ... Case fifty seven please Your Worships, Robert James . [158] He is in the cells Your Worships [...] take an order for him to be brought up. [159] There are apparently further charges to be put to him Your Worships. [160] A charge of theft and a charge of handling stolen property. [161] He's only charged with one offence of criminal deception at the moment. ... |
| (F7XPSUNK) |
[162] [...] Mr ? |
| (F7XPSUNK) |
[163] Fifty five sir. |
| (F7XPSUNK) |
[164] Fifty six. ... |
| (F7XPSUGP) | [...] ... |
| (F7XPSUNK) |
[165] Are you Robert James ? |
| (F7XPSUNK) |
[166] Yes sir. |
| (F7XPSUNK) |
[167] And what is your home address Mr ? |
| (F7XPSUNK) | |
| (F7XPSUNK) |
[168] Is your date of birth ? |
| (F7XPSUNK) |
[169] That's correct. |
| (F7XPSUNK) |
[170] Are you represented by a solicitor today? |
| (F7XPSUNK) |
[171] Should be. |
| (F7XPSUNK) |
[172] Is it Mr ? |
| (F7XPSUNK) |
[173] I haven't a clue. [174] You have all the documents in front of you. |
| (F7XPSUNK) |
[175] Well ... I think Mr represented you on a previous occasion, that's why I'm asking you now. |
| (F7XPSUNK) |
[176] I don't know sir. [177] My solicitor's in Birmingham [...] |
| (F7XPSUNK) |
[178] [...] Mr was duty solicitor on that day. |
| (F7XPSUNK) |
[179] Ah. [180] ... I think he's represented you on more than one occasion in fact hasn't he? [181] ... But don't you know whether a solicitor's going to be here for the committal proceedings today? ... |
| (F7XPSUNK) |
[182] I haven't a clue what's happening. [183] ... I don't know, I've no [...] |
| (F7XPSUNK) |
[184] If, you're the defendant, one would have thought [...] |
| (F7XPSUNK) |
[185] [...] as, as far as I know I have a committal today. |
| (F7XPSUNK) |
[186] That's right. [187] And I would have thought that your solicitor was ... to be here to represent you. |
| (F7XPSUNK) |
[188] As far as I'm aware my solicitor ... has been in contact with prosecution to have the case ... transferred to Birmingham Crown Court. ... |
| (F7XPSUNK) |
[189] Well it hasn't even been committed for trial yet. [190] Do you know anything about this Miss ? |
| (F7XPSUNK) |
[191] I'm afraid to say that I have no knowledge. [192] I haven't certainly myself spoken to anybody with regard to that. [193] I would have thought the normal procedure would be for him to be committed to Preston Crown Court and for the Crown Courts thereafter to sort out the final venue. [194] I certainly have no knowledge of any contact with regard to the ultimate venue and nothing has been marked on my file. ... |
| (F7XPSUNK) |
[195] Your Worships legal aid was granted er ... on the thirteenth of September to a firm called of Birmingham. [196] ... Looks as if they're not here Your Worships. [197] All I can suggest sir is the case is adjourned [...] just have to arrange for a solicitor to be here. [198] ... Do you have anything to say about that Mr ? |
| (F7XPSUNK) |
[199] I wish the committee to go along please sir. [200] I've been stuck up in this part |
| (F7XPSUNK) |
[201] In that case [...] put it back to later in the day sir because the statements have to be read out in court. [202] If he doesn't want to be represented, is that what you're saying ... ? |
| (F7XPSUNK) |
[203] What I'm saying sir is to save any inconvenience to the court ... is that if I can have my committal ... cos I don't wanna be stuck up in this part of the country. [204] I have a Crown Court appearance in Birmingham ... and as far as I'm aware my solicitors have been in contact with the prosecution in this part of the country to explain the procedure ... and as far as I'm aware the committal this morning was to be committed to Birmingham Crown Court with other offences. |
| (F7XPSUNK) |
[205] Well you've heard the senior prosecutor say that she knows [...] |
| (F7XPSUNK) |
[206] Well I [...] |
| (F7XPSUNK) |
[207] She knows nothing about that. |
| (F7XPSUNK) |
[208] I don't sir. |
| (F7XPSUNK) |
[209] Yeah |
| (F7XPSUNK) |
[210] Well in that case sir can I take my ... my committal to Preston Crown Court and when I go to Birmingham |
| (F7XPSUNK) |
[211] If you're committed for trial from this court you will be committed to Preston. |
| (F7XPSUNK) |
[212] Well I'll take it now then sir. |
| (F7XPSUNK) |
[213] If ... if it is to be arranged [...] |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[214] at another court |
| (F7XPSUNK) |
[215] Crown Court that arranged that |
| (F7XPSUNK) |
[216] Well in that case sir can you ... give the committee the funds. [217] As of now. |
| (F7XPSUNK) |
[218] As I say sir we need to put this matter back to later in the day. [219] The defendant would not appear to be represented, therefore the committal will have to be dealt with by the way of reading out all the statements [...] . [220] It can't be done [...] ... |
| (F7XPSUNK) |
[221] Therefore we'll put this case back till later in the day. ... |
| (F7XPSUNK) |
[222] Do you see that Mr ? [223] Because you're not represented |
| (F7XPSUNK) |
[224] Well I don't know what the situation is [...] |
| (F7XPSUNK) |
[225] Well I'm telling, that's what I'm trying to tell you. |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[226] That because you're not represented the statements will have to be read out ... which will then take quite some time [...] . [227] And [...] they will if you [...] to court which is something you were concerned about. |
| (F7XPSUNK) | [...] [...] ... |
| (F7XPSUNK) |
[228] [...] I don't know if you can help that man or not. |
| (F7XPSUNK) |
[229] I'll have [laughing] a word [] with him Terry [...] |
| (F7XPSUNK) |
[230] Because Mr had represented him. [231] Mr said before that he, he thought it was as duty solicitor. [232] He, he has represented him at some stage as duty solicitor. [233] But he is represented under a legal aid order, this defendant, by a firm of solicitors in Birmingham ... and he's anxious to be committed for trial today. [234] If you would represent him we could it [...] section six two. [235] Otherwise |
| (F7XPSUNK) |
[236] [...] solicitor present today? |
| (F7XPSUNK) |
[237] Not a clue, but he doesn't know either. |
| (F7XPSUNK) |
[238] Oh I see. |
| (F7XPSUNK) |
[239] He's given certain information to the court which isn't correct anyway. [...] |
| (F7XPSUNK) |
[240] It might help everybody concerned if you could help him. |
| (F7XPSUNK) |
[241] I'll have a word with him sir. |
| (F7XPSUNK) |
[242] Yes. ... |
| (F7XPSUNK) |
[243] Would you deal with cases fifty five and fifty six Your Worships, Sean David . [244] Mr will represent him. ... |
| (F7XPSUGP) | [...] |
| (F7XPSUNK) |
[245] Are you Sean David ? |
| (F7XPSUNK) |
[246] Yes. |
| (F7XPSUNK) |
[247] What's your date of birth Mr ? |
| (F7XPSUNK) | ... |
| (F7XPSUNK) |
[248] What is your address, Mr ? |
| (F7XPSUNK) | ... |
| (F7XPSUNK) |
[249] You are charged with two offences, the first of which is that at Clitheroe on the twenty sixth of August nineteen eighty eight without lawful excuse you damaged two stained glass windows, a picture frame glass and twelve drinking glasses of varying descriptions belonging to breweries, intending to damage that property, for being reckless as to whether that property would be damaged ... contrary to section one of the Criminal Damage Act of nineteen seventy one. [250] I understand Miss the value has been mentioned on a previous occasion of being three hundred and ninety five pounds. |
| (F7XPSUNK) |
[251] Indeed sir yes. |
| (F7XPSUNK) |
[252] Right. [253] To that charge Sean David do you plead guilty or not guilty? |
| (F7XPSUNK) |
[254] Worships if I may interrupt that though, there's some dispute about the ... damage which was allegedly caused. [255] I have mentioned it to Miss this morning and she has ... undertaken to make further enquiries. [256] Er briefly the situation is that it's alleged that he broke two stained glass door panels and Mr denies that he broke the second of the two. [257] The one at the front door he says was broken at some time earlier than the evening on which he was involved. [258] Unfortunately Miss hasn't been able to conclude her enquiries ... er to apportion the damage and to take instructions as to the veracity of what I have just said. [259] ... It is suggested er by both myself and er my colleague that the matter should be adjourned for one week. ... |
| (F7XPSUNK) |
[260] Well it was adjourned last week but er ... [...] instructions Your Worships. ... |
| (F7XPSUNK) | [...] ... |
| (F7XPSUNK) |
[261] Yes we agree to adjourn this case for one week [...] enquiries can be made. |
| (F7XPSUNK) | [...] ... |
| (F7XPSUNK) |
[262] Sir he does answer on conditional bail today. |
| (F7XPSUNK) |
[263] Well bail will be extended for one week. ... |
| (F7XPSUNK) |
[264] So you know what that means Mr , you were told this last week. [265] You're [...] surrender yourself to bail ... next Tuesday at ten o'clock. [266] Hopefully the matter will proceed next week. [267] Can he go Your Worships? |
| (F7XPSUNK) |
[268] Yes he can leave the court [...] ... |
| (F7XPSUNK) |
[269] Case number one Your Worships please. [270] Peter John . [271] ... Are you Peter John ? |
| (F7XPSUNK) |
[272] That's right. |
| (F7XPSUNK) |
[273] What's your date of birth? |
| (F7XPSUNK) | |
| (F7XPSUNK) |
[274] What's your home address Mr ? |
| (F7XPSUNK) | |
| (F7XPSUNK) |
[275] You are charged with an offence which is contrary to section six of the Road Traffic Act of nineteen seventy two ... that you at Worley on the ninth of September drove a motor vehicle on the A six seven one Worley by- pass having consumed alcohol in such a quantity that the proportion of it in your breath exceeded the prescribed limit. [276] Do you understand? [277] ... Do you plead guilty or not guilty? |
| (F7XPSUNK) |
[278] Guilty. |
| (F7XPSUNK) |
[279] Have you got your driving licence with your Mr ? |
| (F7XPSUNK) |
[280] I haven't got it [...] |
| (F7XPSUNK) |
[281] Why? |
| (F7XPSUNK) |
[282] Because, well I told the police at the time that er I've misplaced it ... and er [...] ... |
| (F7XPSUNK) |
[283] What have you done about getting a, a replacement? |
| (F7XPSUNK) |
[284] Well I haven't done anything at the moment because I didn't ... I didn't think it was worth it actually. |
| (F7XPSUNK) |
[285] Well it says on the bottom of er your copy of the charge sheet production of driving licence ... you must produce it. [286] Failure to produce it will mean that it is automatically suspended and it also means you've committed yet another offence by not having a driving licence here to produce Mr . |
| (F7XPSUNK) |
[287] Well I wa ... I wasn't sure whether to ... whether it would come through in time for the case ... That's why I didn't |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[288] send off for it. [289] I wasn't sure what the situation was [...] |
| (F7XPSUNK) |
[290] Unless the prosecutor is in the fortunate position of having ... a computer printout of your driving ... er record and your licence record ... the case won't be able to proceed today anyway. |
| (F7XPSUNK) |
[291] [...] regrettably there isn't a printout of the driving licence. |
| (F7XPSUNK) |
[292] Well the case can't go ahead today without ... your driving licence. [293] Sorry, the case can't go ahead without your driving licence. [294] ... How many weeks do you want er Miss ? |
| (F7XPSUNK) |
[295] Your Worships I would anticipate that it normally takes at least three weeks for a printout ... from a computer to be obtained. ... |
| (F7XPSUNK) |
[296] This case is adjourned for three weeks in order [...] get a printout can be obtained. |
| (F7XPSUNK) |
[297] Do that mean I don't have to apply for another licence? |
| (F7XPSUNK) |
[298] No, what er y er I suggest you don't apply for another licence now, now you've left it so late. [299] But er ... I would urge you to try to find your driving licence because |
| (F7XPSUNK) |
[300] Oh I, I don't think I will be able to but I'll have a look. |
| (F7XPSUNK) |
[301] Right well ... you know you're going to be disqualified eventually for this offence if you're convicted? |
| (F7XPSUNK) |
[302] Yeah. [303] What the offence ... er the drink driving offence? |
| (F7XPSUNK) |
[304] Yes. |
| (F7XPSUNK) |
[305] Yeah. |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[306] I realize that. |
| (F7XPSUNK) |
[307] You pleaded guilty to the charge anyway Mr . [308] ... The point is that when you are disqualified you're ... not just disqualified from driving, you are disqualified from holding or obtaining any driving licence. [309] ... So if you've got one at home, you're committing an offence by being in possession of it. [310] ... Do you understand? [311] ... Do you understand that? |
| (F7XPSUNK) |
[312] Yeah. [313] Right, from now on you mean? |
| (F7XPSUNK) |
[314] Yeah. [315] When you're disqualified. [316] ... Don't apply for a driving licence in the meantime. |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[317] But er you'll be in a far safer position if you actually produce your licence on the twenty fifth of October. |
| (F7XPSUNK) |
[318] [...] Can I go sir? |
| (F7XPSUNK) |
[319] Yes you can leave the court now. ... |
| (F7XPSUNK) |
[320] Right [...] Mrs ? |
| (F7XPSUNK) |
[321] Er number twenty one sir. [322] John Graham |
| (F7XPSUNK) |
[323] Twenty, twenty one? |
| (F7XPSUNK) |
[324] Yes sir. |
| (F7XPSUNK) |
[325] Could you deal with that matter Your Worships? [326] John Graham please. [327] Twenty one [...] ... Now are you John Graham ? |
| (F7XPSUNK) |
[328] John Geoffrey . |
| (F7XPSUNK) |
[329] John? |
| (F7XPSUNK) |
[330] Geoffrey . |
| (F7XPSUNK) |
[331] Geo with a G? |
| (F7XPSUNK) |
[332] Yes. ... |
| (F7XPSUNK) |
[333] What's your date of birth Mr ? |
| (F7XPSUNK) | |
| (F7XPSUNK) |
[334] And what's your home address? |
| (F7XPSUNK) | |
| (F7XPSUNK) |
[335] You're summoned for a number of offences the first of which is that on the twenty first of June nineteen eighty eight you, on the public road namely Acrington Road Worley, used a mechanically propelled vehicle when there was no excise licence in force. [336] That's an offence under the Vehicles Excise Act of nineteen seventy one. [337] Do you understand? |
| (F7XPSUNK) |
[338] Yes. |
| (F7XPSUNK) |
[339] Do you plead guilty or not guilty? |
| (F7XPSUNK) |
[340] Guilty. |
| (F7XPSUNK) |
[341] Also that you ... being the driver of the motor car, having been required to produce your driving licence for examination to a police officer, failed to do so. [342] ... To that do you plead guilty or not guilty? |
| (F7XPSUNK) |
[343] Guilty. |
| (F7XPSUNK) |
[344] Also that you used the vehicle without insurance being in force in respect of third party risks ... in contravention of section a hundred and forty three of the Road Traffic Act. [345] To that are you guilty or not guilty? |
| (F7XPSUNK) |
[346] Not guilty. ... |
| (F7XPSUNK) |
[347] Also that on the twenty first of June you used a motor vehicle at Worley on Acrington Road when there was no test certificate in force. [348] Are you guilty or not guilty? |
| (F7XPSUNK) |
[349] Not guilty. |
| (F7XPSUNK) |
[350] Also that you failed to produce an insurance certificate on being required to do so. [351] Are you guilty or not guilty? |
| (F7XPSUNK) |
[352] Guilty. |
| (F7XPSUNK) |
[353] And finally that you failed to produce a test certificate. [354] Are you guilty or not guilty? |
| (F7XPSUNK) |
[355] Guilty. ... |
| (F7XPSUNK) |
[356] Has he produced these documents to you Miss ? |
| (F7XPSUNK) |
[357] No sir. |
| (F7XPSUNK) |
[358] Have you got the insurance with you? |
| (F7XPSUNK) |
[359] Yes. |
| (F7XPSUNK) |
[360] And test certificate with you? |
| (F7XPSUNK) |
[361] [...] I've given [...] solicitor [...] |
| (F7XPSUNK) |
[362] What? |
| (F7XPSUNK) |
[363] I've given them to that solicitor that [...] |
| (F7XPSUNK) |
[364] Well who's your solicitor? |
| (F7XPSUNK) |
[365] It was duty solicitor sir. |
| (F7XPSUNK) |
[366] Oh. [367] Could you tell Mr that he's wanted please, wherever he is. ... |
| (F7XPSUNK) | [...] ... |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[368] [...] I certainly have. |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[369] Would you like me to show them to the prosecuting solicitor? |
| (F7XPSUNK) |
[370] Well if that will save time. ... |
| (F7XPSUNK) |
[371] [...] Nine present offences. ... [...] ... |
| (F7XPSUNK) |
[372] [...] please Your Worships I am satisfied that those documents ... do cover the defendant for the date in question and I would therefore offer no evidence in relation to the no insurance and no test certificate offences [...] those. |
| (F7XPSUNK) |
[373] Right. |
| (F7XPSUNK) |
[374] Did you hear that sir? |
| (F7XPSUNK) |
[375] [...] Mr [...] those three charges ... driving a motor car without insurance and a [...] test certificate, those two charges are dismissed. [376] Er ... now let's have the prosecution, have the facts for the other offences then Miss . |
| (F7XPSUNK) |
[377] [...] may please Your Worships it was the twenty first of June in the morning when the police officer was on duty ... on the A six eight, the Acrington road to Worley. [378] He had occasion to stop the vehicle which was being driven by Mr and he noted that the excise licence which was being displayed had in fact expired at the end of March. [379] Mr was unable to produce his documents in relation to the vehicle which he indicated was his own, and he was therefore given an H R T one to produce his documents. [380] ... But you will appreciate that in the matters that he has pleaded, pleaded guilty to this morning, he in fact failed to produce his insurance, driving licence and test certificate within the required period. [381] ... Your Worships those are the brief facts. [382] I would ask you to consider back duty of eight pounds thirty three pence, that being for the month of ... May. ... |
| (F7XPSUGP) | [...] |
| (F7XPSUNK) |
[383] This says June on here. |
| (F7XPSUNK) |
[384] I beg your pardon. [385] [...] it is in fact for the month of June. |
| (F7XPSUNK) |
[386] Right. |
| (F7XPSUNK) |
[387] I'd also ask you to consider costs of ten pounds. |
| (F7XPSUGP) | [...] |
| (F7XPSUNK) |
[388] You're able to help him now are you [...] ? |
| (F7XPSUNK) |
[389] Yes Your Worships in fact I wonder if I may |
| (F7XPSUNK) |
[390] Just a minute before we start [...] but er why are you [...] the back duty for ... June when his licence finished at the end of March? |
| (F7XPSUNK) |
[391] Sir I apologize. [392] I was going by a brief statement made by the officer which indicated that it expired on the thirty first of March. [393] I think in fact that is a ... an error on the officer's part. [394] It would appear ... from the licensing authorities in fact it expired at the end of May. |
| (F7XPSUGP) | [...] ... |
| (F7XPSUNK) |
[395] Your Worships er these offences arise out of er what was initially a road ... traffic accident which occurred on the twenty first of June er when er Mr 's vehicle came into collision with er a vehicle that was erm stationary in the centre of the road waiting to turn right. [396] No er allegations of erm ... concerning the correctness of his driving er are made by the pr prosecution er ... as a result of the incident but er as a result of the officer's enquiries er it came to light that Mr was er in breach of some of the ... er other regulations regarding road users and ... er so the summonses which you are to deal with this morning have er have been issued against him. [397] Erm and you will be aware that, er two of ... three of the er summonses that are now left for you to de deal with, that's three of the four ... er do in fact relate to failure to produce documents. [398] Er failure to produce his driving licence, failure to produce a ... test certificate for the vehicle and failure to produce his insurance document. [399] And what Mr says ... in respect of er those three offences is that erm the officer, he accepts, did tell him that he was obliged to produce the documents to a police station ... but he says that he was suffering some shock as a result of the road accident and er he didn't appreciate what the officer was saying to him at the time and, never having had to produce his documents at the police station before, er he had never er known that that was a procedure that had to be followed. [400] And in the circumstances, he didn't pay any attention to the print on the er H R T er one form that was issued to him and he didn't produce the documents. [401] It was completely ignorance on his part in that respect. [402] Er Your Worships the one remaining summons is the one relating to the fact that his vehicle er wasn't taxed at the time of the accident, and I think er you, you will be aware, his tax did run out at the end of May ... and this accident happened on the twenty first of June. [403] I've asked him about that and what he said is that er he was saving up and he was going to tax the vehicle as soon as he was able to do so, but he didn't have the funds er to do so at, at that time. [404] Erm ... he is obviously aware that er by not having the vehicle taxed, it's going to cost him considerably more than if he had er taxed the vehicle at the right, correct and proper time. [405] Your Worships Mr works for [...] in Worley and he works for them as an engineer. [406] His vehicle was erm something that he did use for work but unfortunately as a result of the accident his has been written off and he hasn't yet been able to ... er replace it and so he's having to be erm ... er chauffeured by the company to do his er his work. [407] Erm ... he was using at that time an R registered Ford Escort er which was er only insured third party fire and theft. [408] He receives for his employment a take home pay of seventy three pounds per week. [409] He lives with his parents and pays board of twenty pounds per week. [410] He's fortunate in that his employer takes him to work in the mornings but he has to catch the bus home in the evening and a at lunchtime on Saturdays which costs him seven pounds forty. [411] He hasn't any other commitments and he would ask that erm he'd be allowed to pay the fine at a rate of twenty pounds per week. [412] Your Worships those are the circumstances, I would ask you to bear in mind that this man ha has four summonses against him purely as a result of ... really ignorance as far as production of documents is concerned. [413] They were in order and erm he would have produced them had he realized what the officer was saying to him and ... er that he would have er realized had he not been suffering the shock that he was actually shuff suffering at the er at the time of the accident. [414] I don't think [...] |
| (F7XPSUNK) | [...] ... |
| (F7XPSUNK) |
[415] Now Mr er ... you pleaded guilty to these offences ... and we've listened to what ... the solicitor has said on your behalf. [416] The main offence ... of having no excise licence you'll be fined seventy five pounds. [417] You'll be ordered to pay eight pounds thirty three back duty ... and ten pounds costs. [418] [...] the offences of failing to produce you've been fined ten pounds for each of those three offences. [419] ... We will order the fines and costs to be paid at the rate of twenty pounds a week. |
| (F7XPSUNK) |
[420] So ... I make that a hundred and thirteen ... a hundred and twenty three pounds with the costs sir ... thirty three pence. |
| (F7XPSUNK) |
[421] No ... a hundred and twenty six ... thirty three. [422] ... Sorry, you're right. [...] |
| (F7XPSUNK) |
[423] One two three [...] |
| (F7XPSUNK) |
[424] [...] eight. |
| (F7XPSUNK) |
[425] [laugh] One two three three three sir. [426] Under do you understand that er Mr ? |
| (F7XPSUNK) |
[427] Yes. |
| (F7XPSUNK) |
[428] You'll pay that at twenty pounds a week. [429] The officer of the court is agreed [...] the address will be given to you by the court official before you leave. [430] It is your responsibility to make sure that money is paid each and every week. [431] The first payment is due by next Tuesday. |
| (F7XPSUNK) |
[432] Erm I'm off sick at the moment from work so ... |
| (F7XPSUNK) |
[433] So what? |
| (F7XPSUNK) |
[434] So I won't be able to pay the first payment cos you know I ... ain't got no money. |
| (F7XPSUNK) |
[435] Don't you get any sick pay at all? |
| (F7XPSUNK) |
[436] Well erm I've just come off holiday and ... [...] so I won't be entitled to none for the first four days. |
| (F7XPSUNK) |
[437] I see. [438] And when are you likely to be earning again? |
| (F7XPSUNK) |
[439] Erm ... perhaps the middle of next week. |
| (F7XPSUNK) |
[440] [...] give fourteen days for the first payment sir? |
| (F7XPSUNK) |
[441] Yes. [442] You'll have fourteen days for the first payment and twenty pounds a week thereafter. |
| (F7XPSUNK) |
[443] So by a fortnight today there's gotta be a payment in |
| (F7XPSUNK) |
[444] Yes. |
| (F7XPSUNK) |
[445] Mr . [446] Right? |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[447] Thank you. |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[448] Miss apparently you represent Mr ... [...] I ... I notice from the documents from the er summons it was adjourned ... because erm their solicitor wrote to say that he would be pleading not guilty? |
| (F7XPSUNK) |
[449] Yeah. |
| (F7XPSUNK) |
[450] Is that the case? |
| (F7XPSUNK) |
[451] Yeah Your Worships I understand that the er the prosecution have erm an application [...] . [452] I don't know if you wish to deal with this [...] |
| (F7XPSUNK) |
[453] So who's it for? [454] Is, if it's not going to be a trial |
| (F7XPSUNK) |
[455] Well Your Worship |
| (F7XPSUNK) |
[456] I'll do it now but if it [...] |
| (F7XPSUNK) |
[457] I wonder if I can assist. [458] It is an ... a matter where Miss has spoken to me about this particular case and it |
| (F7XPSUNK) |
[459] Forty five. [460] ... Case forty five Your Worship. |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[461] It's the view of the prosecution that this is a matter that could be dealt with quite satisfactorily by the way of bind over if the court were minded to do that, if the court would accept that course of action. [462] I understand Mr would be willing to be bound over. |
| (F7XPSUNK) |
[463] Yes I confirm that that's correct. |
| (F7XPSUNK) |
[464] Yes. [465] Well obviously Miss the magistrates will need to be satisfied there are grounds ... why they should bind him over. [466] They will also need to be satisfied that there is a fear for the future ... otherwise they will not bind him over. |
| (F7XPSUNK) |
[467] I appreciate that sir. [468] You may feel at the end of the day that you need to hear from the officer of the case and he is still present obviously in case the court wishes to [...] |
| (F7XPSUNK) |
[469] I see. [470] Well in that case I, I will leave it till, I'll deal with this a little bit later on. [471] Obviously it could take |
| (F7XPSUNK) | [...] |
| (F7XPSUNK) |
[472] possibly half an hour or so, so ... who else is present Mrs ? ... |
| (F7XPSUNK) |
[473] Er number forty one sir, Sylvia . ... |
| (F7XPSUNK) |
[474] Could you deal with that Your Worships ... please? |
| (F7XPSUNK) |
[475] Yes. |
| (F7XPSUNK) |
[476] Forty one. [477] ... Are you Sylvia ? |
| (F7XPSUNK) |
[478] Yes. |
| (F7XPSUNK) |
[479] What is your date of birth please? |
| (F7XPSUNK) |
[480] Pardon? |
| (F7XPSUNK) |
[481] What is your date of birth please? |
| (F7XPSUNK) |
[482] Er |
| (F7XPSUNK) |
[483] And what is your home address? |
| (F7XPSUNK) | |
| (F7XPSUNK) |
[484] Thank you. [485] Your summoned that at Worley on the twenty fifth of July nineteen eighty eight, you being the driver or a motor car ... on King Street and an accident occurred where injury was caused to you failed to stop in accordance with section twenty five of the Road Traffic Act of nineteen seventy two. [486] Do you understand that? |
| (F7XPSUNK) |
[487] Yes. |
| (F7XPSUNK) |
[488] Do you plead guilty or not guilty? |
| (F7XPSUNK) |
[489] Well I did stop because I tried to avoid him. |
| (F7XPSUNK) |
[490] Well ... I'm sorry ... are you Miss or Mrs ? |
| (F7XPSUNK) |
[491] Pardon? |
| (F7XPSUNK) |
[492] Are you Miss or Mrs ? |
| (F7XPSUNK) |
[493] Mrs. |
| (F7XPSUNK) |
[494] Mrs the court cannot enquire into the circumstances at this stage. [495] All the court wants to know is are you pleading guilty or not guilty. [496] Mr has handed me your driving licence. [497] Mr as duty solicitor have you seen this lady? |
| (F7XPSUNK) |
[498] Yes I have seen her sir. |
| (F7XPSUNK) |
[499] Have you been able to ... advise her? |
| (F7XPSUNK) |
[500] Well I, I have advised her that erm ... er implications of the erm ... er of the offence. [501] Possibly I could just have another word with her [...] |
| (F7XPSUNK) |
[502] Right it, it might help her. [503] ... Now I'll ask you again Mrs , to that offence of failing to stop in accordance with the requirements of the Road Traffic Act ... do you plead guilty or not |