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Two Western Area Appeals Dismissed A T the first session in

5th October 1934, Page 55
5th October 1934
Page 55
Page 55, 5th October 1934 — Two Western Area Appeals Dismissed A T the first session in
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Bristol, on September 27, the Appeal Tribunal heard the appeal of Mr, Robert Fyfe Petrie, trading as the United Motorways, Bishopston, Bristol, against the decision of the Western Licensing Authority in refusing to grant an A licence. The objectors were the London, Midland and Scottish Railway Co. and the Great Western Railway Co. Mr. E. A. Painter appeared for the appellant and Mr. B. de H. Pereira for the objectors.

The original application was for permission to run three vehicles, the grounds of the appeal being that the decision of the Licensing Authority was against the weight of evidence and that the extent of the business, the amount of capital invested in it and the persons employed, justified the granting of the licence. Mr. Painter said : "Here is a young man who has previously been a fitter, and was, therefore, in a position to own motor vehicles." He had embarked upon haulage as his life's work. Mr. Petrie had an important business sufficient to employ three vehicles, and although he lived in Bristol his business was largely outside. He carried goods to London, Liverpool, Manchester, etc,

Mr. Painter said that "the L.M.S. had objected on the grounds that the railway facilities were already in excess of requirements, but no evidence had been given that the railways were qualified to do the kinds of haulage which the appellant undertook."

Mr. Pereira declared that there was no evidence of increased trade to warrant the appellant's application for a licence. To suggest that somebody who took up haulage because he wished to do so should have a licence, was taking the discretion away from the Licensing Authority and putting it in the hands of the manufacturer of goods. He contended that the appellant was taking work from the railways.

On the following day the Tribunal announced its decision to dismiss the appeal, but made no order for costs.

The other appeal on the list was that of Mr. J. T. Smith, of Pylle, Somerset. who appealed against the decision of the Western Licensing Authority in attaching certain conditions to a B licence The appellant, however, did not appear.

Mr. Rowand Harker, K.C., the chairman, said that the Road and Rail Traffic Act provided that if the appellant did not appear at the time and place appointed, the Tribunal might dismiss the appeal. The Tribunal ac cordingly dismissed this appeal. .


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