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Unlicensed Tipper Men are Refused Licences

14th August 1964, Page 30
14th August 1964
Page 30
Page 30, 14th August 1964 — Unlicensed Tipper Men are Refused Licences
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Which of the following most accurately describes the problem?

AN application by 14 tipper operators to license 18 tippers to work out of a building site at Camberwell; London— which arose because of "a curious situation "—was refused by the Metropolitan deputy Licensing Authority, Mr. C. J. Macdonald, last week.

Mr. R. N. Bibby-Trevor, who repre

sented the applicants, said that the vehicles had started work at the site on July 21, the operators being under the mistaken belief that if they formed a syndicate it would be in order for them to work without the usual licences. "Very quickly ",. Mr. Bibby-Trevor said. "Ministry inspectors came along and pointed out that this was not so" and after the applicants had approached the Licensing Authority's office they had been granted back-dated short-term licences and were told to apply for further shortterm B licences, which had resulted in the inquiry. Mr. Bibby-Trevor said the application was to carry muck away.from the site to • shoot for J, Sugrue, as sub-contractor of Kirk and Kirk Ltd., within 10 miles, and when the short-term application was published it attracted several objectors, who maintained that there were suitable trans port facilities already available. Mr. Bibby-Trevor said that after calling evidence from Mr. Sugrue and two of the tipper men, which would show that attempts had been made to get other vehicles but without result, he hoped to persuade the Authority that it was a matter of public importance that the licences should be granted.

Rate was increased Giving evidence, Mr. John Sugrue said that he was sub-contracted to Kirk and Kirk Ltd. to carry out all ground work at the site where, at the moment, four excavators (two of which were owned by one of the applicants) were working. The cost of the main machine, he said, was £3 5s, an hour. He knew two of the applicants, Mr. M. Bowler and T. C. Lomasney, personally and they had undertaken to supply the vehicles. There were 63,000 cu. yd. of material to shift10,000 Cu. ft. had been moved alreadywhich would be spread over 12 months. Originally the rate fixed had been 8s. 9d. per Cu. yd., but after seeing what the work involved he had agreed to increase this to its.

He told Mr. P. Kenworthy-Browne, representing the objectors, that attempts to obtain vehicles had proved fruitless. One licensed operator had undertaken to carry 224 cu. yd. a day out of the site, but he only shifted 40pu. yd. Asked if he took any steps to ensure that hauliers he employed had the necessary licences, Mr. Sugrue said that he was told that they had been operating for somebody .else.

Mr. Macdonald: "Surely it is your A28 responsibility as the sub-contractor to find out whether you are conforming with the necessary regulations?" Mr. Sugrue said he had no time to look—he thought they had licences.

Mr. T. C. Lomasney—one of two applicant witnesses called—said that a syndicate of tipper operators had been formed last year when the were given a contract to work on a scheme at St. Mary's. They had been visited by the Authority's inspectors, who had seen the agreement. "They let us carry on and finish the work at St. Mary's ", he said. As they were operating under the same conditions at Camberwell, they assumed that all was in order.

Nearby tip'elosed

Asked how he worked out the original rate of 8s. 9d. per cu. yd. and why the price was increased two weeks later, Mr. Lomasney said that the increase arose because a nearby tip was closed to the operators and they had to go as far away as Welling and Crayford. He said that he originally worked to a formula based on the average price for hauling loose muck in London, which ranged from 6s. 9d. to 7s. 6d. per cu. yd. It cost between Is. 4d. to 1s. 8d. per cu. yd. for the excavator, but, taking into account the differences in the types of muck he had decided to add 3s. per cu. yd. to the original price.

Giving evidence for Saunders Transport Ltd., one of the objectors, Mr. F. H. May, said that with a fleet of 72 tippers, normally vehicles were available. In fact, he said, 10 vehicles were not working on the day of the inquiry. Asked if he would be prepared to offer 10 vehicles a day on a long-term basis, Mr. May replied that he would.

Another objector, Mr. E. W. Poultney, said that he could supply at least five vehicles until the work was completed. When he had quoted a rate of 7s. 3d. a yard to Kirk and Kirk, he was told that this was too dear.

• Giving his decision, Mr. Macdonald said that the evidence showed that the syndicates' arrangements were built on a very sketchy basis; it was not very stable; it had 14 separate carriers and two leaders who were among equals. Books were not well kept and control at the top was loose.

It was unfortunate for the 'applicants, . he continued, that all the objectors were .licensed carriers who had said that they could supply vehicles for the work. The

case against them, he said, was too strong to make any grant Mr. Macdonald indicated that he would extend the

short-term licences already in being until August 15, 'when carriers already licensed could carry on with the work. (N. H. Tilsley comments on this case in Licensing Casebook on pages 32 and 33.)

SIX ON B

AN application by Alfasco Ltd., of London, for new B licences for six boxvans was granted by Mr. A.. C. Shepherd, South Eastern deputy Licensing Authority at Eastbourne on Monday.

Conditions of the application were the collection and delivery of goods to and from a warehouse at Burgess Hill, Sussex, for A.E.S. (Shipping) Ltd., within Hampshire, Sussex and Surrey.

The only objectors were British Road Services. Mr, Richard Yorke, for Alfasco, said the company was a wholly-owned subsidiary of A.F.S. (Shipping). Its business had increased enormously since its foundation 15 years ago and was still expanding. • At present all traffic for Hampshire, Sussex and Surrey was sorted out at Harringay and sent south in hired vehicles. If the application succeeded traffic would go to Burgess Hill in British Railway containers, by-passing London.

Mr. Yorke felt this would be sensible commercial practice and in accordance with Government policy. Besides removing an extremely cumbersome transport system the company would be able to offer their drivers and executive staff the same incentive—pension and bonus schemes—as other emplOyees enjoyed.

The deputy L.A. said he was quite satisfied that by operating from Burgess Alfasco would give increased and more efficient service to their customers.

Check on Commissioners Called For

GENERAL Secretary of the Trades Union Congress, Mr. George Woodcock, is calling for a check on Traffic Commissioners who hear applications for bus fare increases. His demand, to Mr. Ernest Marples, follows a decision by the Northern area Traffic Commissioners to allow increases on Ribble Motor Services.

Carlisle Trades Council wrote to Mr. Woodcock after the Commissioners said they did not feel qualified to examine the Ribble accounts "to decide whether the standard principles of commercial practice had been applied,"

The Council was told last week that Mr. Woodcock had written to Mr. Marples saying he is concerned by this admission. He says; "Cases of this soil must turn on the issue of theafinancial position or the company. I would be grateful if you would let me know whal action you intend to take to ensure dial Traffic Commissioners appointed in each area have available to them adequatt .independent advice on all the financial aspects of the activities of the companie! concerned."

Ribbie's Carlisle traffic superintendeni asked the Traffic Commissioners to post pone Wednesday's hearing at which tin Council's complaints about alleged fare: anomalies would have been voiced. TN Commissioners agreed.

This move followed a meeting betweer Ribble executives and Carlisle highway committee members.