Landlord's representations invalid in licence bid
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A COVENTRY international operator's landlord has been ruled out of order in attempting to block the renewal of the firm's operator's licence.
West Midland Licensing Authority Ronald Jackson said that copies of the representations had been sent to solicitors representing Timothy O'Sullivan (trading as Express Deliveries Coventry), and not to O'Sullivan personally.
O'Sullivan's bid to renew his international licence for 13 vehicles and 10 trailers based at Arbourtree Service Station, 'Chadwick End, attracted five representations and was opposed by Warwick District Council.
The representors sent copies of their representations to O'Sullivan's solicitors. hut Michael Carless, for O'Sulli. van, said they had not been received.
Dr Max Honigsberger, the owner of the site, said it had been constructed and licensed as a petrol station and not a dumping ground for heavy lorries. O'Sullivan paid rates
on 39(11112 of parking space, yet he trespassed on nearly double that area.
Jackson said the representations were out of order and he could not take note of what Dr Honigsberger said.
Carless said O'Sullivan had occupied the site since 1971 and was parking his vehicles in designated areas. -agreed with the owners of the site over the years.
In 1971. the site had been owned by Western Farms and it might he that Dr Honigsberger did not like what he had taken over.
Civil 'proceedings had been instituted and an injunction was granted in 1978, preventing O'Sullivan from obstructing the forecourt of the service S'tation. The conditions of that injunction were being complied with.
There was no formal planning permission for haulage but there was planning permission for a workshop and the site was rated as a haulage site.
Frederick Brown, a planning enforcement officer of the district council, said no planning permission had ever been granted for the use of the Chadwick End site as a transport depot.
Heavy goods vehicles were parked on the site, including in front of. he petrol pumps, blocking the view of the service station from the road. It defeated the object for which planning permission was granted. O'Sullivan said he had no trouble with the owners until Dr Honigsberger acquired the site. All the authorised vehicles and trailers could be accommodated within the agreed parking areas. The entire fleet was only at the premises at weekends and at holiday periods. He had always rented the front of the site.
Granting the application, Jackson said that obviously O'Sullivan interfered with the petrol filling station, or at least the filling station thought that he did, but that did not make the operating centre unsuitable for the purpose.