Tribunal Limit B Licence on Appeal
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F OLLOWING an appeal by Mr, S. E. A Tomlinson (Burton Parcel Service), Meadow Road, Burton-on-Trent, the Transport [Appeal] Tribunal are to limit the terms of a B licence granted to Mr. A. E. Hair (Stillman), New Street, Burton-on-Trent, by the West Midland Deputy Licensing Authority.
The licence authorized Mr. Hair to carry goods from auction sales within a 15-mile radius of Burton-on-Trent.
The Tribunal, announcing their decision, said that as they had evidence
only of Mr. Hair working as a porter at sales held by one firm of auctioneers, Messrs. Armstrongs, Swadlinuote, they would direct the Licensing Authority to grant a licence limited to the carriage of goods from sales held by them.
At the hearing in London last Friday, Mr. S. R. C. Samuel-Gibbon, for Mr. Tomlinson, said that the licence
was in respect of a 24-ton vehicle. .Mr. Hair had an existing vehicle on a C licence at the time of his application, which he used in connection with his house-furnishing business.
Mr. Samuel-Gibbon submitted that the respondent's case had been based on
"stale evidence "given in respect of a similar application which had been refused, He had said there had been. no recent complaints.
Mr. Tomlinson had two vehicles which were not fully employed, and
could be used to carry goods from sales. He was engaged on regular parceldelivery work for part of the day and, for the remainder of his time, at auction sales.
Mr. G. Mercer, for Mr. Hair, said he was an independent contractor and attended sales as a porter. He was also
there in connection with his furniture business, and took his vehicle with him. Although Mr. Tomlinson had had his vehicle at sales, there had been
difficulties and delays with removing .. goods • at the end of the day. This showed there was a need for further facilities.
After announcing the Tribunal's decision, the president, Mr. Hubert Hull, added that if Mr. Hair could produce evidence that he had been employed by other auctioneers at the • time of his application, he could apply to the Authority to extend the condi tions to include them. •