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Licensing Case Raises New Legal Points
Page 71
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TWO new legal difficulties in the administration of the 1933 Act arose before Mr. W. Chamberlain, NorthWestern Licensing Authority, at Manchester, last Friday, upon the application of Mr. C. H. Bentley, of Stretford Road, Manchester, for the renewal of his A licence, under which he carried mostly between Stafford and London.
The legal points were: Should vehicles be based at the point from which the bulk of the traffic flows? What is the position if a carrier, during the currency of his licence, alters the unladen weight of the authorized vehicles?
Applicant found it necessary, during the year, to convert his two fourwheeled vehicles into six-wheelers, giving greater floor space, and he notified the Licensing Authority. The officials, being nervous of the situation, merely replied that the altered unladen weights had been "noted."
Mr. Chamberlain said that no action was taken at the time of notification, because there was no necessity of altering the discs, but, of course, the matter had to he dealt with on renewal.
Mr. Henry 13ackhouse, for the applicant, said that Mr. Chamberlain would appreciate the difficulty of treating the subject in that way. A man might he put to considerable expense in altering his vehicle from petrol to oil power, and find afterwards that he bad to justify that weight.
Mr. Chamberlain said that he would consider what instructions would be necessary to his staff for future cases of this kind. The difficulty here had been that the vehicles had not been changed, but only the weight.
" In this case,. I shall consider to what Authority the operator should make his application," continued Mr. Chamberlain. " The base is Manchester, but the bulk of the carrying is between Stafford and London. The question arises whether, to conform to the requirements of an A licence, he should prove need in one of the areas immediately concerned."
Mr. Backhouse pointed out that the applicant lived and had his office in Manchester, and the vehicles should be based where the fleet was directed.
Mr. Chamberlain said that he would not concern himself so much where a carrier Worked from his area, but here the man operated between two other areas. He appreciated the strictly legal point and would consult his deputy and the other Licensing Authorities before he expressed any specific view.