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Point of Law Resolved

3rd November 1961
Page 41
Page 41, 3rd November 1961 — Point of Law Resolved
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Which of the following most accurately describes the problem?

Keywords : Surnames, Crawley, Uty

mR. C. J. MACDONALD, the De uty Metropolitan Licensing Autho ity, last Friday granted a B licence to In ustrial Packers (PIP.), Ltd., of Wokin , to resolve an uncertain point of law in s eir C licence vehicle use.

He was told by Mr. R. M. Partins on, for the applicants, that doubts existe as to whether what they were doing was right, and simply as a precaution t e B licence was desirable.

The application, as published, was for a base at Woking for one vehicle and Crawley for the other. The De uty Authority permitted the applicatio to proceed as for two vehicles at Wo ing when it was explained that since the application the Crawley premises had been sold.

Mr. R. Gray, for the firm, said hat another reason for the application as that as packers for goods for export hey were sometimes called upon to inco •orate with their packing or delivery to the docks, small consignments that had een packed either by the senders thems yes or other packers. These would not amount to more than 10% of their .tal carryings.

Granting the application with the onditions, "Goods packed by the lice .ee: occasional movements of small con 'gnments for customers for whom licens is carrying other packed goods at the St me time for shipment from the Tham ido docks within 25 miles." Mr. Macdo'aid said that he appreciated the sense of the idea which he did not think any o her operator had cause to fear.

Legal Note: The Divisional Cour of the Queen's Bench Division examin a similar case in 1957. In Carpenter v W. Lusty and Sons, Ltd., the defend nts, export packers and shipping agents, es't packed clothing and put shoes into c ses and bound them with metal. These op rations were held by the court to cense ute "a process or treatment in the cour of the trade or business carried on by th ni." Although the applicants in the above ate might have been able to claim the rotection of this authority, they were b nd to seek a B licence to undertake the o her facility of delivering to the other 11%.

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Organisations: Queen's Bench Division

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