Tribunal Undecided on Validity
Page 46
If you've noticed an error in this article please click here to report it so we can fix it.
THE Transport I ribunal in London last week reserved its decision in an appeal against a grant by the Western Licensing Authority which raised a question of the validity of the written undertaking given by an applicant who was granted a new B licence. The appellants were P. M. Browne Transport and G. Gurd, both of Bridport, Dorset; Ramsdens Transport of Burton Bradstock; and Chard Transport Co. Ltd., of Devizes. They contested the grant of a new B licence to G. H. and W. H. Willcox, trading as Willcox Bros., of Bridport. for a vehicle of 6 tons 11 cwt. enabling them to carry livestock for South Western Farmers Ltd. and road building materials for Glendinning Ltd., in addition to work for the Bath and Portland Group Ltd. and their associated and subsidiary companies. Mr. McGregor Johnson, for the appellants, said that although the application for the licence was treated as for a new licence the L.A. had dealt with it as a variation of the firm's B licence. Some 12 months before the application Willcox Bros. had acquired the _business of another haulage firm which had done work for South Western Farmers. Willcox Bros. should not have any licence beyond the one they had to work for the Bath and Portland companies. submitted Mr. Johnson. They had given the written undertaking many years ago that if they wanted to work for any other user they would apply as a newcomer to the transport industry.
Mr. Johnson said that Willcox Bros. had not produced evidence to support an c18
application for a new licence and the L.A., despite his doubts, had exercised his discretion wrongly. Mr. J. Main, for Willcox Bros., said the bargain was made in relation to a licence which had now expired and with different objectors; the L.A. was not required to pay attention to this undertaking. The primary circumstance was the fact that the applicants had purchased another haulage business and so became hauliers for South Western Farmers.
"You cannot treat a one-year-old baby as a new-born child ", added Mr. Main.