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R.T.C.'s Decision on A-licence Take-over Case I N'granting the licensing application—

24th August 1945, Page 22
24th August 1945
Page 22
Page 22, 24th August 1945 — R.T.C.'s Decision on A-licence Take-over Case I N'granting the licensing application—
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reported in our issue dated August 10 —for sanction to the transfer of a onevehicle business at Barnsley, the North-eastern Regional Transport Commissioner said that in this case an important principle had to be decided. It was the degree to which an operator who, during the war, had changed the nature of his business, . should be entitled to return to his original mode

of operation. • The issue to which the Commissioner referred arose from the fact that, in 1944, the then owner of the business in question, the late Mr. 13eardsall, ceased to operate a parcels service which he had been running between Barnsley, Mexborough, Doncaster, and Manchester. His vehicle being employed on other work, Mr. Beardsall never resumed this service, nor was it resumed by his widow after• the business had been transferred to her on the death of her husband.

It was now proposed that the service be restarted—not by Mrs. Beardsall, hut by Messrs. J. and 0. Mills, of Barnsley, to whom she wished to transfer her A licence and sell the business. There was an objection by the Queen Carriage Co. Ltd., Huddersfield, which operates a similar service between Barnsley and Mancbestei.

Giving his decision, after having heard further evidence when the public . inquiry was resumed. at Sheffield last week, the Commissioner said that if, in 1940, Mr. Beardsall had voluntarily abandoned the " smalls " service in question that he was then operating, his successor in the business would have no proper claim to resume this service in 1945. On the evidence, however-, the Commissioner found that Mr. Beardsall did not voluntarily abandon the sera/lee. A witness had stated 'that, as a result of fuel rationing and the necessity. at that time, of putting all possible traffics on to the rail, Mr. Beardsall was unable to maintain his Manchester service. " I

am satisfied," Major Eastwood added, that it was for that reason his vehicle was put on local work, and, subsequently, placed on hire to the Army authorities."

The case for the objector, the Commeissioner continued, was that when Mr. Beardsall ceased to operate the Manchester service, it took over, and had continued to cover, the service dur ing the past five years. The evidence showed that, at any rate, part of the traffic which had been Mr. Beardsall's , was dealt with by the company, but Lt had not been proved to his satisfaction that it acquired the whole of such traffic; it was likely that some. of the traffic had passed to rail transport. At any rate, there was no evidence to show that the company had to increase its fleet to meet the additional business.

The objector had suggested that Mr. Beardsall's business could not nave been worth much if he was prepared 'to hire his vehicle to the military for £7 per week; on the other hand, it :ad been pointed opt that nearly 1,200 other operators also placed their vehicles at the military authorities' dis posal. As Mr. Beardsall died in Decein bee, 1942, it was not known what considerations actuated him in this matter,

but there was no reason to doubt that, but for the war, he would have cootinned his service to Manchester.

Having come to the conclusion that Mr. Beardsall would have been entitled to the gOodsvill of the Manchester service, he held that, as her late husband's, successor-in-law, Mrs_ Beardsall seas entitled to that goodwill, and that it was a saleable asset.. In granting the take-over application by. Messrs. however, the R.T.C. reminded th?rn that this goodwill extended to the tee of one vehicle onlyon the BarnslayManchester service.

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Organisations: Army

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