Major E. H. B. PALMER, 0.B.E., Offers
Page 39
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Advice to an Applicant
TO the haulier who expects shortly to appear before a Licensing Authority for the first time I would say: remember that you are an applicant and not a supplicant Start off on the right foot by making your application in simple terms.
The instructions on the various forms are sufficiently explicit, but some people read surprising meanings into them. Read those instructions carefully before putting pen to paper, and then, if you are not quite clear on any point, seek further information at the offices of the Licensing Authority or from others who uncle] tand these matters.
Prepare Your Evidence An application for an A or B licence, or a variation, has to be published for the information of those who are entitled to object. Against the possibility of opposition and the probable need for your application to be dealt with at a public inquiry, prepare your supporting evidence.
Should you receive no notice of opposition within 14 days of the publication of your application, so much the better, but that does not mean that your application will escape the ordeal of a public inquiry.
Whatever you may be seeking, whether it be a new licence or the variation of an old one by greater unladen weight, additional vehicles or wider conditions, public need must be poved. This, moreover, cannot be proved without showing that there is a lack of transport, and the onus rests with you and your evidence. • Written Statements inadequate Why is written evidence insufficient? Because statements cannot be examined, cross-examined and, if
necessary, re-examined. As statements, they cannot expose the whole facts of the situation to the satisfaction of the Licensing Authority.
In the district where you are operating, or hope to work, there are others who are already in business, and it is your responsibility to establish the fact that they are unable to do that which you propose. Until this proof is clearly established, the Licensing Authority, in granting the application, risks admitting wasteful competition.
"Then," you may exclaim, "this haulage business is a closed industry." Certainly, it is a closed industry—closed against wastef ul competition, from the results of which, in the past, it has still to recover.
In preparing your application, describe exactly that which you seek to do. Ambiguity in this respect is neither clever nor helpful, and it will waste time and test the patience of all concerned, including yourself.
Be Specific State the scope within which your work will be confined by mentioning the most distant points to which you will be obliged to travel. This information should be substantiated by your prospective hirers.
I have known a description of "general goods, anywhere in Gt. Britain," to become, under examination, reduced to about three classes of merchandise all within a radius of 20 miles. I have heard an applicant ask for a radius of 60 miles, and then announce that he wished to carry from London to Lancashire.
Know what you want, describe it as clearly as possible, and make quite sure that you will have the evidence to support your request. It is foolish to ask for more than you actually require or are justified in seeking. The inquiry is not a Dutch auction, neither do the Licensing Authority's obligations require him to seek a compromise with you, or between you and the objectors. Either you establish to his satisfaction the need for your services or you do not.
In the presentation of your case at the inquiry, there is no obligation to employ the services of a lawyer, so long as you feel that you can really do the job yourself. Before coming to this decision, however, you should attend an earlier inquiry.
If you be a little diffident about expressing yourself in public, if You be liable to lose your temper under cross-examination, and, therefore, lose your ability to think coolly and clearly, and if you expect stiff opposition, it would be advisable to have assistance from one who is more accustomed to these occasions. Should you decide to see the matter through yourself, it might be wise to allow a third party to survey the situation and assess the true value of the evidence at your disposal. The ability to see both sides of a question is a gift which few possess.
Logical Discussion Let me assure you, however, that the discussion at an inquiry, in relation to practically every application, is logical, and yours is unlikely to be an exception. Therefore, nothing which is said should be beyond average intelligence. The Licensing Authority often does ask questions which sound irrelevant, but are certainly not so. You can be quite sure that in doing this, his reason will be sound and, more Often than not, in the interests of the applicant.
Should you be opposed and, in consequence, be obliged to suffer cross-examination, answer each question as simply, concisely and courteously as possible. Remember also to be brief. It is the extra word which, so often, does the damage. To the best of your ability, therefore, remain monosyllabic and, if the question be not deal or if you require time for consideration, request its repetition.
Avoid Leading Questions In examining your own witnesses, try not to ask leading questions, and remember that this is not the occasion on which to make your own statement. An opportunity for that will be given to you later, after the opposition has had its say If you think that it will be to your benefit to discuss your case with the licensing sub-committee of the Road and Rail Central Conference, do not mistake it for the official inquiry. Remember again, in this case, that you are not a supplicant. Remember also that your case will still have to be considered by the Licensing Authority at a public inquiry, and that no agreement with the sub-committee, or failure to reach one, will affect his decision.
Should you have any misgivings about appearing before the Licensing Authority in your working clothes, dismiss it. The Licensing Authority is interested in nothing but the applicant, his application and the evidence supporting it—or refuting it.
Finally, need is created by lack of transport. Lack must be proved, and for that proof the Licensing Authority will look to you.