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Two Appeal Decisions

22nd November 1935
Page 27
Page 27, 22nd November 1935 — Two Appeal Decisions
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r'NFICISIONS on two .appeals were Lir given, .last week, by the Appeal

i'L Tribunal, sitting at verpool. The appeal of S. H. Jones and Co., 15, Fenwick Street, Liverpool, against the North-Western Licensing Authority's refusal to grant an A licence, was dismissed.

The appellant sought a licence on the ground that his business consisted of carrying goods to districts at present spasmodically served by other operators. Prior to December, 1934, the commodities were carried either by rail or in vehicles hired by the appellant. In the Tribunal's opinion, the appellant should have made reasonable inquiries as to whether any other operator was able and willing to carry the goods. Costs of sev6n guineas were awarded to Garlick, Burrell and Edwards, Ltd., and five guineas to the London, Midland and Scottish Railway Co., the objectors. The Tribunal upheld the appeal of the Globe Parcel Delivery Co., 52, Vauxhall Road, Liverpool, against the North-Western Licensing Authority's decision to grant an A licence to R. H. Morgan and Co., Ltd., 29, Mersey Street, Liverpool. The Morgan concern had a connection over a long period for the transport of tobacco for the Players organization, of Nottingham. Mr. Thesiger, for the respondent company, argued that it should not be regarded as a, newcomer,

In view of the fact that R. H. Morgan and Co., Ltd., ceased to operate its own vehicles and hired machines, the Tribunal considered that the respondent should he treated as a newcomer and, furthermore, did not think that the concern had made out a prima facie case that this 'kind of work could not be carried on equally satisfactorily by other operators. Costs of £20 Cs. 4d. Were ordered to be paid.


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