Haulier Loses Three Vehicles
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" "THE broad grounds upon which 1.
1 refused the application were that there has been a complete change in the nature of the appellant's business. . . ." In these words, the South Wales Licensing Authority summarized his reasons for refusing to grant the renewal of A licences in respect of three vehicles operated by Mr. Richard O'Sullivan. The application had been opposed by the G.W. Railway Co.
An appeal was lodged against this decision and against a second ruling in respect of a vehicle acquired from Mr. H. T. James, of Newport, whose business the appellant had acquired.
Respecting the first decision, the Appeal Tribunal was of the opinion that the Licensing Authority had acted rightly, in refusing to grant the renewal, in that, during the currency of the licence, a material change in the area of operation had been made.
There was also the question as to the sphere of operation of the vehicles, should the new licence be granted. As the appellant had been running between Newport and London on his old licence, it was then necessary for him to establish a prima facie case of need. In this, the Licensing Authority found, with the Trikrunal's concurrence, that there was an entire absence of evidence. The appeal was dismissed.
In allowing the appeal in respect of the single vehicle, the Tribunal based its decision on the principles laid down in the Boston Haulage case. The Tribunal was satisfied that Mr. James was carrying on a genuine haulage business • and that his customers were willing to transfer their work.