Six-vehicle Grant Made to Aid Interchangeability
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make the whole of their fleet interchangeable and to facilitate the administrative side of their business, A. V. Barton, Ltd., Alfred Street, Newton-le-Willows, applied for an A licence for nine vehicles of 371 tons unladen with a similar normal user, at Manchester, on Monday. It was stated that Barton's owned the shares of K. C. Medlicott, Ltd., St, Helens, and Harper and Hankinson, Ltd., Newton-le-Willows, and that five of the nine vehicles were being operated by these two companies. The normal user requested was: " Mainly glassware, paper, cotton, machinery, timber and steel; all principal ports, Lancashire, Yorkshire, London area, Midlands, Scotland." It was stated that Scotts and Sons, Ltd., 109 Barton Street, Oldham, another company within the group, already had this normal user for their entire fleet.
Mr. J. F. Sykes, secretary of the company, said that they had acquired the shares of Medlicott in 1958, when the latter had three vehicles which were licensed only to carry sugar. As a result of an experiment with tankers, this traffic had rapidly fallen off, and they had started to carry other commodities including goods for the United Glass Bottle Manufacturers, Ltd., Manchester.
Replying to Mr. P. Kershaw, for the British Transport Commission, who objected, Mr. Sykes agreed that they had violated their normal user in respect of these three units and had not informed the Licensing Authority until now, No supporting witnesses were sent from United Glass as it was against that company's policy to do so.
Mr. Sykes added that of the four Barton vehicles, two were at present on special-A licence and two on public A. but the new normal user would not alter their activities. Of four units owned by Medlicott, three were licensed to carry sugar and one to carry timber. The remaining vehicle, owned by Harper and Hankinsons, was at present carrying cotton and glassware in Lancashire, Cheshire and Yorkshire.
In submission, Mr. Kershaw said that they had no objection to the four Barton vehicles but there was very little evidence in respect of the others, and more proof of need was necessary. With regard to the three Medlicott units there had been a substantial change in the commodities carried, in contravention of the normal user. Interavailability was no reason for granting the application as all the companies were not merged, and had been acquired only by the purchase of shares.
For the applicants, Mr. J. Backhouse said that through no fault of their own the Medlicott sugar traffic had fallen off and it was natural for them to look else' where for work. He asked that no penalty should be inflicted. Sufficient
evidence had been produced for the new common normal user to be granted in respect of the fleet and the railways had produced no evidence. to rebutt it.
Mr. A. H. Jolliffe, North Western Deputy Licensing Authority, granted the application in respect of six vehicles, amending the user to read "'Merseyside ports" instead of "principal ports." He refused the three Medlicott units.