Application Made in Wrong Area?
Page 41
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A FTER the British Transport Corn,
mission had submitted that the application had been made in the wrong area, Mr. J. R. Lindsay, North Western Deputy Licensing Authority, reserved decision at Manchester on Tuesday in a case concerning a new B licence.
Mr. J. Hamilton, a corn merchant and miller. of Bolton, was applying for two vehicles to collect farm produce from the Newark area for delivery to Bolton and to deliver fertilizers and seeds from Bolton to Newark.
Mr. W. C. Lawson, for the applicant. said the grant of a licence would be of great benefit to farmers in the Newark area, most of whom had no storage facilities for grain or bulk fertilizers. They were dependent on the weather and had to get their grain disposed of as expeditiously as possible.
To gain the Government subsidy, wheat had to be certified and previously farmers depended on prices fixed by local corn merchants. Mr. Hamilton was authorized to certify and offered better prices.
Mr. a H. P. Beames, for the B.T.C., submitted that the application should
have been made in the East Midland Area. Under Section 5 (3) of the 1933 Act, applications should be made in the area of the base or centre from which the vehicle would be used. The object was to provide facilities in Newark; publication in the north-west prevented Newark hauliers from objecting.
Mr. Lawson pointed out that " base ' was the important word in the section. Mr. Hamilton's business was in Bolton.
Mr. Beames argued that the work could be dealt with by the applicant's, 10 C-licence vehicles. There appeared to be no question of transport for hire or reward.
Mr. Lawson replied that Mr. Foy— Mr. Hamilton's -agent—was also an agent for other concerns in Lancashire and their fertilizers could not -be carried under C licence, nor Could grain from Newark for other Lancashire millers.
Mr. Lindsay said he was satisfied that the applicant's base was in Bolton, but he could not understand what difficulty there was with transport in the Newark area. There was no evidence of need from Bolton.