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New A Licence Suspended Until 1961

22nd July 1960, Page 32
22nd July 1960
Page 32
Page 32, 22nd July 1960 — New A Licence Suspended Until 1961
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AS a result of foolishness and bad advice, Messrs. McWilliam and Pine, West Hall Cottage, Kernnay, Aberdeenshire, committed serious irregularities. A severe penalty was required and, although their application to put one vehicle on a new A licence in substitution for a special-A licence would be granted, this would be suspended from August 1 until the end of the year. Mr. A. Robertson, Scottish Deputy Licensing Authority, gave this decision, at Aberdeen, on Monday after hearing of illegal B-licence operation and a change of special-A licence base in defiance of a refusal by the Licensing Authority. Mr. W. McWilliam, a partner, said that in May, 1959, they entered into an agreement with Mr. G. Ewan, Alford, to take over his haulage business with two vehicles and a trailer on B licence. A sum of £600 had been paid for the vehicles and they were to act as managers for nine months. A further £250 was to be paid if a licence were granted. He had been advised by his solicitor that this was in order, and no application was made to transfer the vehicles, The first he knew of his actions being illegal was when the police prosecuted. There we're now no vehicles on the B licence and they were working under contract-A licence for Adam Lythgoe, Ltd. If the A licence were granted Mr. Ewan was prepared to surrender his B licence. Questioned by Mr. Robertson concerning a base change of the special-A vehicle, from Perth to Kemnay, after being refused permission to do so, Mr. McWilliarn. admitted that this had been done after an unsuccessful bid to take over a B licence in Perth. Replying to Mr. J. Angus, for six independent objectors, he agreed that after purchasing Ewan's vehicles they were iinirnediately replaced by new ones. Mr. Ewan said that for the past 12 years his vehicles had worked. almost exclusively carrying timber for James


Jones and Sons. Ltd., Larbert, .but this work had ceased some nine months before the date of the agreement. Since the agreement he had nothing to do with the business and received no remuneration from its operation. It was submitted by Mr. Angus that McWilliam knew there was no business to take over and it had been a barefaced attempt to buy a licence and develop goodwill before seeking a transfer. When it was found that there was no work in Perth the special-A vehicle was moved 10 Aberdeenshire to compete directly with the objeCtors. Supporting Mr. Angus. Mr. D. Brown, for British Railways, said that the Licensing Authority should consider whether the applicants were fit and proper persons to hold a licence at all. Apart from other irregularities therewas no evidence of need to justify the illegal change Of base. Mr. A. P. Brown, for the applicants. said that although their conduct called for some penalty it was significant that at the Sheriff's Court in Aberdeen, fines of only £20 had been imposed for 461 offences concerning Ewan's B licence, when the maximum penalty was nearly £9,000. This indicated that the Sheriff took the view that the transaction was ill-advised rather than deliberately illegal.


THE Yorkshire Traffic Commissioners had no authority or statutory powers to attach a condition to a new RoystonLeeds express licence which required the surrender of a licence held for many years at Wakefield. Mr. Frank S. Marshall, representative of Wallace Arnold Tours, Ltd., stated this at Leeds, last week, when his company appealed against the decision. Mr. J. R. Willis, the Ministry Inspector, said that the decision of the Minister would be given later.

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