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Eaula ge Take-over Delayed : Normal User Changed

13th February 1959
Page 39
Page 39, 13th February 1959 — Eaula ge Take-over Delayed : Normal User Changed
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Which of the following most accurately describes the problem?

LANS by James Banks (Carriers), Ltd_, Dundee, to take over the Northern tor Lorry Co., Dundee, who hold a r-vehiele A licence, were held up last !k by Mr. Alex Robertson, Scottish auty Licensing Authority, when he said would have to see a copy of the agreeat of sale and the Articles of Associa.1 of the limited company before giving ecision.

4r. James Banks said in evidence that had been managing Northern Motor Ties since July, 1957, when the owner, . J. M. Chaplin, began to fail in health. present, Mr. Chaplin was getting 10s. a week out of the business.

n 1956, he and Mr. Chaplin entered an agreement about the take-over, art application had to be withdrawa tn he failed to obtain sufficient capital. t vehicles included in the agreement bat time had all been replaced. The ma] user of Mr. Chaplin's vehicles was Raw jute, jute manufactures,

metal, wood, building materials and foodstuffs within the Dundee district and a radius of 25 miles.

However, this had not been adhered to since the Dandee, Perth and London Shipping Co., Ltd., bad ended their steamer service to Hull. Northern Motor Lorries were now handling the traffic which had previously gone by sea, helped out by the five contract A licences held by James Banks (Carriers). Ltd.

Besides permission for the take-over, Mr. Chaplin sought continuation of the licence with the normal user amended to: "Raw jute, jute products, building materials and foodstuffs within the counties of Angus, Perth, Fife and Midlothian; linoleum products to Hull and Manchester."

Mr. John S., Wilson, of the Dundee Linoleum Co., Ltd., said Banks' had taken all his company's products to Hull and Manchester since the shipping service ended in May, 1957. In addition, traffic

formerly sent to London through the shipping company had been transferred to Banks' on a contract licence, There _ were objections by Road Services (Perth). Ltd.; Allison's Transport (Contracts), Ltd.; Dundee, Perth and London Shipping; and the British Transport Commission.

Mr. W. D. Connochie, for the private road operators, submitted that the service bad been purely local until Mr. Banks stepped in. There were no mitigating circumstances for the change of normal user so the application should fail.

Mr. Robertson said he did not want to inflict punishment on Mr. Chaplin, a very sick man, by refusing the entire application, so he would grant the continuation of two of Mr. Chaplin's vehicles, provided the normal user were amended so that the Hull and Manchester traffic was confined to products of the Dundea Linoleum Co. This was agreed to by the applicants.


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