BOTH SIDES OF THE STORY
Page 65
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TWICE within the past 18 months the Northern Licensing Authority. Mr. i J. A. T Hanlon, has taken vehicles off the road and has not allowed the operator concerned to use them pending the outcome of an appeal to the Transport Tribunal. On each occasion, as the result of an ex pane application by the haulier, the Tribunal has granted a stay on Mr Hanlon's decision. allowing the vehicles to be operated until the hearing of an appeal Sitting in chambers, and therefore holding the proceedings in eain:'ra, they acted.
is presumed, on a submission from the haulier's solicitor.
The first case was that of Dent's Transport (Spennymoor), Ltd.. who, after being called before the Authority to show cause why their licence should not be revoked, in fact had a 15-vehicle A licence taken away from them. On appeal, the Tribunal changed the decision and suspended certain vehicles only. stating that they were fully, justified in staying the revocation.
The Tribunal may not take such a favourable view of the activities of Sanderson (Great Broughton), Ltd., when they hear the appeal, and, in cases of this kind, it is possible—though for the operator's sake I hope not—that they might decide that Mr. Hanlon was right in deleting the vehicles.
In cases where a licence renewal application is refused because an Authority decides that the applicant is not a fit and proper person to hold a licence, provision is made in the Act for the licence to remain in force until an appeal is decided. Should not the regulations be amended to include revocation or suspension,; thus avoiding the necessity for such ex panic applications?
On the face of it. such a stay as was granted in the Sanderson case would seem to be against the principles of British justice. The Tribunal, it would appear, heard one side of the story—the operator's—and not the other—the Licensing Authority's.
I have discussed the matter with several Licensing Authorities and the general opinion is that, whilst they feel that the Act should not be administered in any punitive way, still the Tribunal should not alter an Authority's decision. outside of an actual appeal, without hearing the Authority's point of view.