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Bus Operators Had Locus to Appeal, Says Minister

13th April 1956, Page 43
13th April 1956
Page 43
Page 43, 13th April 1956 — Bus Operators Had Locus to Appeal, Says Minister
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Which of the following most accurately describes the problem?

TWO bus operators who appealed

unsuccessfully against refusals to grant them road service licences for new stage services have been told by the Minister of Transport that although they thought otherwise, because neither was an established operator, they each had a locus to appeal against the grant of similar facilities to other concerns.

They were Mr. Basil S. Williams and Messrs. Thomas Talbot and Sons, both of whom were ordered to pay the costs of their appeals. Both appeals were heard by a Ministry inspector, Mr. J. M. Glen.

Right of Appeal In neither ease did the Minister agree with the view that the appellants had no locus. In both cases, he stated, the appellants could have taken advantage of Section 81 (1) (b) of the Road Traffic Act, 1930, as amended by the Third Schedule of the 1934 Act. This gives a right of appeal to any person providing transport _facilities who had opposed the variation or grant of a road service licence and was aggrieved by the decision.

Mr. Williams' appeal was against decisions of the South Eastern and Metropolitan Licensing Authorities refusing him permission to run services between Horsham and Plaistow, and Horsham and Roffey Corner, and Horsham and Three Bridges, respectively.

The London Transport Executive, Southdown Motor Services, Ltd., and Aldershot and District Traction Co., Ltd., apper.'a,;(2.

Trading Estate Service

Messrs. Thomas Talbot's appeal was in respect of the Northern Authority's rejection of their application to run a service between North BoWburn council houses and Spennymoor Trading Estate, licences for which had been granted to Gillett Bros. (Motor Services), Ltd., and I. I. Baker, Ltd.

The Minister agreed with Mr. Glen in both cases that it had not been shown that there was sufficient public need to justify additional services.

in Mr. Williams' .case, the Minister added that his decision was not based upon the view that he was an inefficient operator, or that wellfounded complaints had been made against him. The Minister did, however, consider that there was sufficient evidence before the Licensing Authorities of the appellant's inadequate financial resources to justify them refusing him a licence.

He did not agree that statements alleging unsatisfactory service provided earlier by companies managed by Mr. _Williams were conclusive.

At the hearing of the appeal, it was claimed that any goodwill in the services concerned belonged to F. H. Kilner (Transport), Ltd., from whose board he resigned in September, 1954, and who were now in the hands of a receiver. Mr. Williams had no claim to the goodwill either in law or in equity, it was alleged.

Mr. Williams also had the main interest in Hants _and Sussex Motor Services, Ltd., to whom a receiver has also been appointed.

. UTIOXETER NOT TO OPPOSE

ON the recommendation of the general purposes committee, Uttaxeter Urban District Council will not be represented at the meeting called by Stoke-on-Trent City Council for May 1, to discuss the possibility of setting up a municipal bus service "to combat the monopoly exercised by the Potteries Motor Traction Co., Ltd." Thirty-five local councils were invited to the meeting.

air. G. H. Devine said the company had always been helpful and cooperative with the urban council.

M.P.T.A. AREA C WANT SCOTTISH LINK

'THE committee of Area C of the 1 Municipal Passenger Transport Association are to apply to be transferred to the Scottish Area, because they feel that Belfast is linked geographically and traditionally more with Scotland than with the north of England. This was stated by ClIr. I. Cunningham, chairman of Belfast Transport Committee, at the Area C conference luncheon last week.

Last year the Belfast undertaking had to pay £310,000 for higher wages, he said.

. The conference sent a telegram to the Chancellor of the Exchequer pro

testing against the high fuel tax. It was pointed out that the tax on fur coats had been cut to 5 per cent.

"MORE FORCES SERVICES

TI0 West Country operators were st week authorized by the Western Licensing Authority to run week-end express services for Forces personnel between Plymouth and London. They were the Western National Omnibus Co., Ltd., and Heybrook Bay Motor Services, Ltd., Down Thomas, near Plymouth. The services will operate mainly for the Royal Naval barracks at Devonport.

A similar application by Biake's (Continental) Tours, Ltd., Plymouth, was withdrawn.


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