Rights to site queried
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• An operating centre cannot be held to be suitable if a licence applicant has no right of occupying it, the West Midland Deputy Traffic Commissioner has ruled.
Gerrard Sullivan adjourned consideration of a bid for a new two-vehicle licence by Raymond Davis and Kenneth Middleton, trading as.] Middleton & Sons in Nuneaton after representations against the application were made by Joseph Middleton, the father and father-in-law of the applicants The partners' current interim authority was extended.
Michael Asher, for Middleton senior, said that he did not consent to the continued use of the operating centre at Plough Hill Road, Chapel End, Nuneaton. Middleton senior was in partnership with his son and two sons-in-law before retiring He remained in the house and a dispute arose.
There had never been a formal tenancy agreement for the premises, said Asher. In 1990 Middleton senior obtained a possession order in the High Court, which is pending an appeal. The partners claimed they have a right of occupancy under the Tenancy Act and a case was pending in the County Court.
For the partners, it was said that Middleton senior had rented out the house. The occupant did not make any representations.
As there was no right of occupancy, said Asher, it would be appropriate to grant a licence for just 12 months so the parties could reach agreement.