LICENSING
Page 13
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Transport Tribunal in London
AN application made by Davy and Co. (Grange) Ltd., of Milnthorpe, Westmorland, would have enabled the carriage of return loads from clearing houses, said Mr. T. H. Campbell Wardlaw, for the company this week.
The company was appealing against the Northern Licensing Authority's refusal of its application for a public A carrier's licence for 15 vehicles to carry goods for Libby, McNeill and Libby Ltd.
Respondents to the appeal were the British Transport Commission, W. R. Brailsford and Co. Ltd., T. Brady and Sons, A. Cooksey, S. A. Unsworth, A. Alsford, T. Park and Sons, R. 0. Hodgson, J. B. Hudson Ltd., W. Keith and Son and Athersmith Bros.
Mr. Campbell Wardlaw said that Davy had been carrying goods under a contract A licence for Libby since 1948. It had been decided by the two companies to end the contract and that Libby would support an A-licence application.
It was stated that in his decision, the Authority had said that the position was too nebulous for him to make a grant. Mr. Campbell Wardlaw maintained this was not so.
He was not now seeking to justify the grant of 15 vehicles but would ask for seven vehicles for distribution and one for collection of milk.
Mr. J. M. Timmons, for the B.T.C., said the work could be carried out perfectly satisfactorily under a contract A licence or a B licence.
The president, Mr. G. D. Squibb, said they had decided that an A-licence grant would be wrong, so were dismissing the appeal.
MISCONCEIVED' DECISION
pECAUSE a grant made by the Metro.: politan Licensing Authority to Regan Bros. (Haulage) Ltd. was "misconceived ", any order made by the Tribunal. on an appeal could not have any effect, said Mr. Squibb, dismissing an appeal by R. Cornell Ltd. and the B.T.C.
At the outset of the case, Mr. M. H. Jackson Lipkin, for Cornell, said the Authority had put on the licence something which had not been applied for and had never been granted.
Mr. Squibb, giving the Tribunal's decision, said that Regan was the holder of an A licence for nine vehicles which was due to expire on February 28, 1961.
Regan made an application for a new licence and a few days afterwards made another applicationfor the variation of the A licence by the addition to it of another nine vehicles. The Licensing Authority decided that the respondents should have a further nine vehicles.
The existing A licence would have expired before the Authority came to a decision but for the fact that it was con' tinned in force by the application for the new licence.
Mr. Squibb said that theLicensing Authority, having come to his conclusion, implemented it by granting on March 12 this year a public A carrier's licence to run from March 1, 1962, the day after the old licence would have expired.
"On that new licence the Authority specified the nine vehicles on the old licence and also the nine vehicles which were the subject of the application for the variation on the old licence. It appears to us that that action was misconceived.
B-LICENCE PARITY?
ERE was no reason why the holder of a B licence should be in a weaker position than' any one else when applying for an A licence, said Mr. C. R. Beddington, on Wednesday. He was representing A. Clark, Northamptonshire, who was appealing against a decision of the East Midlands L.A. refusing an A licence in exchange for a B licence. The hearing was adjourned until today (Friday).
APPEAL ADJOURNED PVIDENCE on which the South Wales Licensing Authority had made a grant to T. J. Harries and Sons, of Pembrokeshire, had been negligible, said Mr. J. R. C. Samuel-Gibbon, on Tuesday. He was appearing for Albert Vaughan, who appealed against a grant of two variations on A licences. The hearing was adjourned.