Approach to B Licences Must Be Changed
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" j AM not here to decide between
1 you two legal gentlemen," said Mr. W. Chamberlain, North Western Licensing Authority, when Mr. P. Kershaw (for the L.M.S. Railway Co.) intimated that he did not agree with all the arguments which Mr. H. Backhouse (C.M.U.A. solicitor) had founded, on the Hill and Long judgment in the house of Lords.
Mr. Backhouse, at aninquiry in Manchester, on Tuesday, had been giving what Mr. Chamberlain called " some kindly advice." "The House of Lords has opened our eyes and tamed the whole position around with regard to B-licence restrictions," he said. Prima facie, the B licence must be unrestricted as to the extent of the area of 'operation. The only limitation must be by the exercise of the Licensing Authority's discretion.
That discretion was under Section 8 (3) of the 1933 Act and must be founded on evidence. Instead of beginning at the bottom and working up to what an applicant could justify, the Authority must start at the top and restrict only if the C class of work could subsidize the general carrying to the detriment of other carriers.
Mr. Chamberlain, who had dissented from various points put by Mr. Backhouse, said that apparently the approach must be altered and he did not think he differed much from Mr. Backhouse, but to begin at the top put rather a heavier task upon him: He could see the time quickly coming when the C.M.U.A. would oppoSe unrestricted 13 licences. •' Mr. Backhonse said that, of the 4,000B licences in the area, only one unrestricted.