Withdrawal of Take-over Application Resisted
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AT Leeds, last Friday, the Yorkshire Traffic Commissioners were asked to give notice to vary what was alleged to be a redundant excursion and tour licence, or to refuse to allow a takeover application to be withcliawn. It was claimed that operations "on hire" by the purchasers until the licence was due for renewal next year could cause chaos in the area.
J. W. Kitchen and Sons, Ltd., Stanningley, had applied to take over the Pudsey excursion licence held by the Exors. of S. Ledgard, Leeds.
After Mr. J. Evans, for the applicants, had said that they had decided to withdraw, Mr. H. 13ackhouse. for Wallace Arnold Tours, Ltd., replied that Kitchen's. had allowed the case to remain in the list after the objection had been presented in such a way as to draw the Commissioners' attention to the fact that the licence holder was
deceased and the only running since the war had been by another operator who was not a party to the take-over. Any grant should include only facilities contributed recently to the goodwill.
The Minister of Transport had said a substantial transfer of this kind would never be justified without proof of need. In a similar case in the North Western Area in 1955 concerning Wallace Arnold, after the Commissioners had reduced the vehicle allowance, the Minister, on appeal, reduced it still further.
Renewal of the Ledgard licence was not due until February, 1958, and the application ought to proceed. There was a precedent for such a course in a decision in the North Western Area in 1915, by Sir William Chamberlain, When Mr. Evans objected to any reference to cases in other traffic areas without reports that could be quoted from, Mr. Backhouse submitted that the Commissioners should give notice to vary Ledgard's licence. Wallace Arnold would then substantiate their allegations.
The licence had a basic allowance of 10 vehicles, with 14 on period returns at certain times, and it was at least 90 per cent. redundant If the present purchasers, who had a basic allowance of six, operated "on hire," it would be a serious matter. Wallace Arnold would be satisfied if the applicants gave an undertaking not to do so until the renewal.
Mr. Evans said that there could be no authority for suggesting a penalty on an operator withdrawing an application.
Maj. F. S. Eastwood. chairman, said decision would be announced as to whether Kitchen's would be allowed to withdraw their application.