Tribunal Rejects 'End of Contract A Licensing' Plea
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I N a reserved decision the Transport Tribunal has allowed an appeal by Spelmonden Estate Co. Ltd., of Gondhurst against the refusal of the South Eastern Licensing Authority, Mr. H. J. Thom, to grant a four-vehicle A licence which would replace a vehicle 'operated on C hire for Henry W. Arnold Ltd., of Spitalfields Market in London.
During the ,appeal hearing it was pointed out that the appellants had entered into a written agreement with Henry W. Arnold Ltd., in which they undertook to give priority for the delivery of their goods over other customers. Under the agreement the vehicles were to be based at Arnold's premises at Boughton, near Faversham. They were to be supervised by Arnold and would "duly and promptly carry without delay" goods at the request of Arnold. Vehicles operating with such an agreement in force, it was argued by the respondents. British Road Services and British Railways, could never qualify for an A licence. Such a grant would give the appellants the benefit of competing with other public hauliers white still working on a C-hiring basis.
In its decision the Tribunal said that it was unable to take this view. It was not uncommon for a public haulier to obtain the greater part of his work from one customer, and saw no reason why he (the haulier) should not promise not to carry for other customers when his principal customer required his services.
"In our view it makes no difference that a haulier should reduce into writing a course of conduct which he would he likely to pursue in any event ". the judgment continued. The appellants, the Tribunal went on, had made out a clear prima facie case for the grant of an A licence,
Dealing with a suggestiorl made by the respondents that the granting of the application would be the end of Contract A licensing, the Tribunal said it was tempted to echo Mr. J. R. C. SamuelGibbon (who represented the appellants during the hearing) who had used the colloquial retort " So what?" to the suggestion. The Tribunal, the judgment continued, in exercising its discretion had to have regard to the interests of the public, but this did not require the Tribunal to exercise discretion in such a manner as to ensure that there might never be wanting a due succession of persons qualified to carry goods for hire or reward by virtue of Contract A licences. The customer was not willing to enter into a contract which satisfied the statutory requirements for a Contract A licence, and thus the case was clearly not one for a Contract A licence.
Grant for Garner A'application by R. Garner Ltd., o' Farnworth, Lanes, for a five-vehicle A licence was granted on Monday at Manchester by the North Western deputy Licensing Authority, Mr. A. H. JoIliffe. Last year, the application had been refused and was heard before the Transport Tribunal, which returned the ease to the L.A.
At Monday's hearing, British Railways and British Road Services withdrew their objections. me. W. Tomlinson, traffic manager for Garner, said he wanted a normal user for England and Scotland to carry wallpaper, pipes and pipe fittings. structural steel and 'concrete, as well as oils and greases.