ROW OVER LOG SHEETS
Page 24
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QTRONG exceptionwas taken b.-71 when the objectors asked for the production of log sheets for the last two months during the hearing of a B variation application by O'Sullivan Bros. at Manchester on Tuesday and Wednesday.
Cross-examining Mr. B. O'Sullivan, a partner in the firm, Mr. J. Backhouse (for seven objectors) asked him if he had brought log sheets—as suggested.
For the firm, Mr. A. W. Balne intervened to say he would ask his client to produce them only on an undertaking being given that the objectors would produce theirs—to show availability and that it was the position "canvassed in the North Western and no other" traffic area. "They are not going to be produced and I am not going to be intimidated," said Mr. Balne.
North-Western deputy LA Mr. A. H. Jolliffe thought the matter should not be pursued; it was for the applicant to decide the manner the case was presented. Mr. Backhouse could comment later.
Mr. Balne protested at the nature of the cross-examination, saying if the objectors had their way it would last all day, to the great inconvenience of seven customer witnesses in court.
B. and G. O'Sullivan, trading as O'Sullivan Bros., Manchester, sought to add to its B licence an articulated low-loader/ flat with conditions "Building materials, plant and machinery, shoring timber and steel, site enclosing timber, demolition and excavated materials and rubbish for Excavation and Contracting Co. Ltd., and plant and machinery otherwise for plant hire contractors, all within 35 miles of base".
Pickfords Ltd., also objecting, was represented by Mr. J. Lawton. For BR, Mr. W. H. Ashmore said his objection was met by the amended application as published and a reduction in radius from 200 miles. Four other objections were not pressed. • Mr. Bake said another application had been listed for hearing for five tippers to be added to a B licence for five vehicles with conditions "Sand, aggregates, spoil, hardcore and demolition materials to and from sites and tips that are not rail-connected and all within 35 miles of base".
That application was unopposed, supPorting evidence had been submitted in writing, but he presumed Mr. Jolliffe would wish to defer it until the end of the hearing in view of allegations of illegal operations (the objectors had given notice of their intentions to submit applicant was not a fit and proper person to hold a licence). From nothing the partnership, within five years, had developed a business as plant hire and demolition contractors now worth £150,000 a year.
Another company was now operating— Excavation and Contracting Co. Ltd.—and whereas now there was plant in the name of this company and the partnership, the proposal was for the company to confine its activities to all contracts for excavation and demolition work and the partnership to take over the plant and transport.
O'Sullivan Bros. bought the low-loader early this year and put it on C licence, because of the difficulty experienced in getting plant moved quickly. Witnesses—also engaged in plant hire—hired to applicant and vice versa and the ability to get the plant to the site at the time required was the most important consideration.
After the alleged illegal carrying in one case no payment was made although it might be felt there had been "consideration" in view of the carrying having been done for Beck and Pollitzer, with whom O'Sullivan had business relations. After the vehicles used to carry spoil to tips, Mr. O'Sullivan still felt entitled to do such work without a B licence, in fulfilment of any conclusive contract.
Evidence of alleged illegal carryings was submitted by vehicle examiner, Mr. G. V. Mayne, who said in one case O'Sullivan had made an admission. In respect of the Beck and Pollitzer job there had been an agreed price of £24.
Eight witnesses gave evidence as to the shortage of low-loaders to carry equipment up to 10 tons and of the ability to offer work for the outfit—one customer added a proviso, "If the price was right".
Mr. B. O'Sullivan said the value of plant employed was £20,000 and the business was roughly 80 per cent plant hire and 20 per cent demolition and excavation work. A seven-day week was worked and difficulty had been experienced getting plant to site. It was desired to carry plant for hire or reward whether or not it was on hire to them.
For one objector, Ridings, Mr. Backhouse said no prima facie case had been established and O'Sullivan should be deprived of the use of the vehicle on C licence for not less than 12 months, unless it was revoked. Mr. Lawton, too, submitted this contention.
The deputy LA said there Was a case to answer saying he had in mind making a limited grant. After a short adjournment for the parties to confer, Mr. Jolliffe said he had to take account of O'Sullivan's previous conduct and as the substantive licence was due for renewal on January 1, the grant would be limited to a B short-term for one named customer, i.e. building materials, plant and machinery, shoring timber and steel site enclosing timber, demolition and excavated materials and rubbish for Excavation and Contracting Co. Ltd., all within 35 miles of base. The unopposed application for five vehicles was granted.