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LICENCE GRANT QUASHED BY COURT
Page 90
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ON Wednesday, a King's Bench Divisional Court made absolute, with costs, a rule nisi obtained by the Great Western Railway Co. and requiring the West Midland Licensing Authority to show cause why his decision to grant to Messrs. Hill and Long a licence to use two vehicles for furniture removals over,' any distance should not be quashed.
The Attorney-General (Sir Thomas K.C.), for Messrs. Hill and Long, explained that they originally applied for a B licence to carry goods in a district named as Birmingham and Wolverhampton and two other neighbouring places. As a result, they were granted a licence to carry furniture and certain goods for any distance. The G.W.R. complained that, in the advertisement of the application, it was stated that the places in which the
applicants were normally to operate were the Birmingham and Wolverhampton district. The railway contention was that, if it had known there was a possibility of a licence being granted for any distance, it would certainly have objected and the result might have been different.
The Attorney-General maintained that, under the Road and Rail Traffic Act, the Authority had power to grant such a licence and to impose conditions as to how it might be operated. Mr. W. S. Morrison, K.C., for the G.W.R., pointed cut that, unless persons were able to rely upon the facts set out in "Applications and h, Decisions," they would not be able to decide what their attitude should be.
The Court quashed the decision of the Licensing Authority as having been made in excess of his jurisdiction.