East Kent Contract Switch Refused
Page 13
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THE South Eastern Licensing Authority, Mr. H. J. Thom, refused an application by C. W. and D. R. Thorp, of Fordwich, Sturry, nr. Canterbury, at Maidstone on Tuesday.
The application for 15 A licences in place of 15 contract A licences, which are in operation mainly for the carrying of agricultural and horticultural produce, was opposed by 24 independent road operators, British Road Services and British Railways.
The hearing, which opened at Maidstone on February 6 (The Commercial Motor, February 8) and continued on March 19 and 20, ended on Tuesday.
The Licensing Authority was told that originally there was a contract with Home Grown Fruits Ltd. and Thorp; East Kent Packers, who are members of Home Grown Fruits, had since bought the shares of the applicant company and of C. W. Thorp and Son, an associate company.
The applicants stated that when the application was first made there was no suggestion that its shares were to be sold to East Kent Packets.
Giving his decision, Mr. Thom said that he could not rely on the division into separate entities of the interests of East Kent Packers who, he concluded. must be considered as the real applicants.
They had 61 B licences, 21 A licences of C. W, Thorp and Son and 15 contract A licences of C. W. and D. R. Thorp97 vehicles used mainly for the carriage of agricultural produce.
Mr. Thom accepted the company's denial that East Kent Packers in applying in the name of C. W. Thorp was intentionally trying to gain an advantage contrary to the Act. If the application were granted, however, the company would get an advantage contraryto the intention of the Act whether it was intentional or not. Had East Kent Packers applied for 15 A licences of its own, there was no chance of it being granted. The company had placed itself in an untenable situation under the rule of the Court of Appeal and the Tribunal. If East Kent Packers had wished to obtain vehicles sufficient to carry out its openly expressed intention the vehicles it should use in accordance with the Act would operate under B licences, for which they should have applied.
Mr. Thom regretted he could not do something for East Kent Packers and he appreciated the unfortunate position the company was in.
Tribunal Appointments THE QUEEN has approved the appointment of Sir Thomas Robson, M.B.E., F.C.A., and Mr. Rowland Claude Moore, 0.B.E., Minst.T., to be Members of the Transport Tribunal.
Sir Thomas Robson, 67, is senior partner of Price Waterhouse and Co., a past president of The Institute of Chartered Accountants in England and Wales and a present member of its Council.
Mr. R. C. Moore, 66, was until his retirement general manager of the Sheffield Corporation Transport Department. He has been a member of the Executive Council of the Municipal Passenger Transport Association and of the Council of the Public Transport Association.