Acquired Haulier Wins Appeal
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QITTING in Sheffield, last week, the 1,-) Appeal Tribunal granted the appeal of Messrs. Henry Wragg and Sons, Old Whittiogton, Chesterfield, against a decision of the Yorkshire Licensing Authority.
Mr. A. Goss appeared for the Railway Executive and the Road Haulage Executive. Mr. Henry Wragg conducted his own ease for the appellants.
Mr. Wragg said that he applied for B licences to cover two vehicles on May I& 1950, as a variation of licences which were to expire on June 30, 1950, but was told by the Authority that as his firm were being acquired by the British Transport Commission, a new application would have to be made.
Terms of Licence The firm had licences to carry road and building materials for 20 miles, grocery and provisions, milling produde, ordinary goods and furniture removals for 30 miles, coal and coke for the National Coal Board and goods for the Staveley Coal and iron Co., as required, and a C licence. At June 30, 1950, they had 425 registered coat customers, and used B-licence vehicles for that work and the carriage of miners' home coal.
Mr. N. L. Macaskie, K.C., chairman, said that it seemed to the Tribunal that the appellants might have made out a case under the Landon decision. Unfortunately, they were not legally represented before the Authority, who, according to a letter, appeared to have prejudged the case.
It seemed to the Tribunal that the Licensing Authority had erred through being misled on the facts, although after a business had been transferred to the British Transport Commission, the operator could not carry on the whole of it as before. The appellants had a coal business, which was in a limited class.
The Tribunal thought that the Case should go back to the Licensing Authority so that he could consider it from a new angle, and see whether the application came within the scope of the Landon decision.
The Tribunal thought the Authority should consider the grant of a B licence with a 25-mile limit.
The respondents were ordered to pay L5 5s. costs.