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Business Transfers: Applications Refused

11th September 1936
Page 31
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Page 31, 11th September 1936 — Business Transfers: Applications Refused
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Which of the following most accurately describes the problem?

"S it to be said that the Road and 1 Rail Traffic Act means that a haulage business is the only kind of business that cannot be sold on a reasonable basis because a third party objects to the transaction? " asked Mr. S. Pitts, during the hearing at Hull, on September 4, of applications for the transfer of licences which the applicant company required for the purposes of taking Over two businesses. The applications, made by Marshall's Motors (Hull). Ltd., a haulage concern, and' opposed by the London and North Eastern Railway Co., were both refused. by the deputy Yorkshire Licensing Authority. . Mr. Thomas Spencer, governing director of the applicant company, said that one of the businesses in question was that of Mr. Albert Uttley, of Hessle, and the other that of Mr. Joseph William Moreby, of Hull, both of whom owned one vehicle.

Questioned by Mr. C. R. ,Hodgson, for the railway, Mr. \ Spencer agreed that earlier in the year an arelica,tion by Marshall's Motors for addif onal vehicles was refused, and that an appeal was entered but withdrawn. He stated that the proposed acquisition of the two businesses was not the outcome of applicant's failure to obtain additional vehicles, nor had the withcl•rawal of applicant's appeal any connection with the negotiations for the businesses.

In connection with the first application, Mr. Uttley said that he had carried on the business for five years, and if Marshall's Motors (Hull), Ltd., was prepared to give the same service, his customers Were willing to give the company their work.

Giving evidence on the application for the transfer of Mr. Moreby's licence, Mr. Spencer said that Mr. Moreby= who, he understood, wished to leave the haulage' trade—had approached the Marshall concern to see if it would take over his business.

Mr. Moreby stated that he had specialized in traffic between Hull. Leeds and Bradford.

Mr. Hodgson, for the opposition, submitted that the Marshall concern was not seeking to acquire the business " to use it for the purpose for which it was ;being used," as required by the Act, and that if the licence were transferred the vehicle would be used in its own business.

Mr. Pitts, in reply, contended that if Mr. Uttley and Mr. Moreby had applied feir the renewal of their licences their applications would have been granted. That, he argued, was the fundamental test to be applied when considering the transfer of businesses.

RAILWAY POLICY ON A-LICENCE RENEWALS.

At a sitting of the South Wales Licensing Authority, at Newport, on Tuesday last, Mr. Renton, for the Great Western Railway, said that the company would oppose renewals in all cases where it considered that the services were in direct opposition with those operated • by the railways. Altheirgh hauliers might make out a case for renewal, the railway company would oppose On the ground that it is offering. stritable facilities for the carrage of the commodities concerned. . . •

What Will be Seen at the Ford

This year the Ford Motor Exhibition takes place at the Royal Albert Hall, London, from October 15-24. In addition to a large number of exhibits by the company, including commercial vehicles, tractors and other products, much space will be occupied by manufacturers of special bodies and equipment and accessories for use with Ford • products.

Merger Plans at Coventry. Members of the C.M.U.A. and A.R.O. were given an opportunity of hearing details of the amalgamation between the two associations at a meeting held at Coventry. Mr. John Morton, who presided, outlined the fasts regarding the merger. A brief. report of the new licensing sclieme which had now been put into force was given by Mr. G. H. Hotter, secretary of the West Midland Area,and he urged hauliers to take immediate advantage of this scheme.

Vokes Turnnver Increasing.

At the statutory meeting of Vokes, Ltd., held a few days ago, Sir Ian Stewart Richardson, Bt., chairman of the company, said that the sales 'for the first four months of the year exceeded by 156 per cent, those for the corresponding period of 1935, despite the reduced output in May owing to workshop reorganization.