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L.A.'s Decision Set Aside

9th February 1962
Page 39
Page 39, 9th February 1962 — L.A.'s Decision Set Aside
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Which of the following most accurately describes the problem?

THE Transport Tribunal has set aside a decision of the Northern Deputy Licensing Authority, Mr. G. W. Duncan, which enabled Mr. D. Parkins, of Prudhoe, Co. Durham, to vary the use of one of his B-licensed vehicles beyond 75 miles up to 140 for the carriage of goods for the Marley Tile Co., Ltd.

Mr. Campbell Wardlaw, for a number of local objectors, said that the evidence amounted to nothing more than a willingness to support an invitation by the applicant to do so. Mr. B. G. Montgomery, for the respondent, argued that, however slender the case might have been, there was a case that the objectors had not answered.

Sir Hubert Hull, President of the Tribunal, said that at the public inquiry, the topic of rates had been very much discussed, but to no consequence, and it was irrelevant. The real question was whether the respondent had made out a case. There was one positive argument against his case. The vehicle was already fully occupied and that fact in itself strongly suggested that there was no reason for enabling him to go farther from his base.

The evidence from Marley Tiles provided no solid reason for their support. Only on two occasions in three months would they have asked the respondent to go beyond his present radius.


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