THE FACTS OF THE CASE
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'THE Yorkshire Licens.ng Authority granted B. Booth, Ltd:: a B licence I. to continue a parcels service from a base from East Morton, Yorkshire. Formerly, the service, which was run between Burnley, Lancs., and Leeds, Yorks., was based at Burnley, and the licence was issued in the North-western Area. East Morton is intermediate between Burnley and Leeds, v.hich are about 29 miles apart as the crow flies, but much farther by road distance.
A Burnley-Leeds parcels service was run before the war by D. Blades and Co., Ltd., from Burnley, as part of a general haulage business. In 1942 it was sold to Mr. Benjamin Booth, a Burnley haulier. He, in 1946, sold it to Mr. Thomas Trotter, and the concern styled a Booth, Ltd., was formed. In May, 1947, the North-western Licensing Authority granted that company, which gave an address in Morton, a B licence, with a base at Burnley, although no address in that town was specified.
Last year, the company applied for, and was granted, by the Yorkshire Licensing Authority, a licence for a general parcels service between Burnley and Leeds, via Skipton, Keighley and East Morton, to be run from a base at 8, Alma Terrace, East Morton. The 3-ton vehicle used for the service was transferred from Burnley, where it had been garaged, to a garage at East Morton in September, 1946. flay 's Wharf Cartage Co., Ltd., the original objector, appealed against the grant of the licence, for whIch application had been made under the Road and Rail Traffic Act, 1933. During the proceedings, questions as to the bearing on the case of the Transport Act, 1947, were raised. Notice of appeal was served on the Rail and Road Transport Executives. The appeal has been dismissed, with i14 14s. costs to B. Booth, Ltd.