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Business Transferred : No New Licence

28th May 1937, Page 40
28th May 1937
Page 40
Page 41
Page 40, 28th May 1937 — Business Transferred : No New Licence
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Which of the following most accurately describes the problem?

DIFFICULTIES of a small haulage business came to light in the appeals of Modern Haulage Services, Ltd., Carlisle, which were dismissed with 03 14s. 8d. costs.

It appears that the business was once owned by a Mr. M. W. Brown, who operated as a haulier and sand and gravel merchant. In June, 1935, the business was transferred to a limited company, of which Mr. Brown was the principal director.

As a result of financial difficulties, a

resolution for voluntary winding up was passed later in the year and, between October, 1935, and May, 1936, business ceased. In May, last year, the whole of the issued capital of the company was acquired by Messrs. W. A. Nixon and R. L. Nixon, and liquidation procedings were stopped.

Mr. W. A. Nixon had, for some years, operated 'a business at Haltwhistle; a town about 22 miles east of Carlisle, and held a B licence in respect of two vehicles. When Mr. Nixon applied for new A and B licences in relation to the Modern Haulage concern, these were refused. During the period from May-September, 1936, goods were carried for only one of the 60 customers with whom dealings were had in 1935. Moreover, goods were carried printipally from places other than Carlisle. No reason was given for this change of business, but the Tribunal inferred that the previous customers had transferred their patronage to other hauliers and would continue to do so.

It was held that the business -was abandoned in October, 1935, and that a prima facie case of need had not been made out. Consequently, the appeals were dismissed.


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