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Tribunal 'not impressed'

12th July 1986, Page 27
12th July 1986
Page 27
Page 28
Page 27, 12th July 1986 — Tribunal 'not impressed'
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Which of the following most accurately describes the problem?

Furrowstone Ltd (Island Builders Merchants)

• The Transport Tribunal turned down the appeal of Furrowstone Ltd (trading as Island Builders Merchants) with an operating base at Canvey Island, Essex (Legal Bulletin, May), against the decision of the Eastern Licensing Authority to refuse it a new standard operator's licence.

Furrowstone was given written notification of the LA's inquiry, and told: "Whether or not legally represented, the applicant should attend the inquiry in person, bringing such witnesses as may be considered appropriate. In the case of a company, the company secretary or a director able to speak on behalf of the company should attend and, where appropriate, the transport manager or person responsible for transport," When the case was called, the Deputy Licensing Authority was informed by his clerk that Nigel Greenhill, a director, had phoned the Cambridge office that morning and said that "...due to unforessen circumstances he was unable to attend". He gave no further information.

The DLA turned down the application on two grounds: there were matters about which he needed to be satisfied in the face of environmental objections by residents and matters upon which he needed to hear from a company representative; and, second, the application appeared to be defective in that the operating centre was not in Lionel Road as stated in the application, but in Stuart Close. At the Transport Tribunal, Greenhill said he had not attended because his mother had been injured in a car accident that morning and he and his father, another director, had followed her to hospital.

In a written judgment signed by Robert Owen, who presided at the hearing, the Tribunal says: "Suffice it to say that we were not impressed with his explanation and found it difficult to understand why it had not been given at an earlier stage. We consider that the Deputy Licensing Authority was fully justified in dismissing the company's application. Accordingly, this appeal fails."

MA total of 10 operators in Derbyshire, Leicestershire, Northamptonshire and Nottinghamshire have applied to the Eastern LA to vary their licences by the addition of vehicles • The variations requested are: Pyeglass Ltd, Cotes Park Industrial Estate, Somercotes, Derbyshire; add 5v and 2trls, T. G. Speed, Storford Lane, Hasland, Chesterfield; add lv and lv to be acquired.

William West & Sons (Ilkeston) Ltd, Furnace Road, Ilkeston, Derbyshire; add 16v and 10trls. Wigley Haulage, "Thomes", Parwich, Ashbourne, Derbyshire; add lv to be acquired. Mark Insulations Ltd, 70 Boston Road, Leicester; add 4v.

K. Kinch Haulage Contractors, 39 Mountsorrel Lane, Rothley, Leics, now changing operating centre to Units 13-15, Hayhill Ind Est. Barrowon-Soar: add 2v.

Wintemay Ltd, 72 Lambourne Road, West Knighton, Leicester; add I v Arthur Aliborne (Salvage) Ltd, Sandy Hill Farm, Overstone Road, Moulton, Northants; add 2v.

Fernwood Fuels Ltd, "Fuel House," Cinderhill Road, Bulwell, Nottingham; add 4trls.

MKG (Food Products) Ltd, West Gate, Aldridge, Walsall, West Midlands; add 5v.


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