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Enston Ruling Applied to "Transfer WITHAT is regarded as an

15th January 1937
Page 31
Page 31, 15th January 1937 — Enston Ruling Applied to "Transfer WITHAT is regarded as an
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Which of the following most accurately describes the problem?

important Vir issue concerning applications for licence " transfers " was raised during the hearing of an application before the Yorkshire Deputy Licensing Authority (Mr. E. Russell Gurney), at York, last Friday. Mr. C. H. Downs, 23, Charlton Street, York, asked for the " transfer" to himself of an A licence in respect of one -vehicle, for the purpose of taking over a haulage business, as a going concern, from Mr. W. Hudson, 79, Carr Lane, York.

Mr. F. G. Bibbings, for the applicant, stated that the business was established in 1922. The applicant bad agreed to pay the vendor £.100 for goodwill. Mr. Bibbings submitted certain figures concerning the past operation of the vehicle, but stated that the figures for 1936 were not available.

When Mr. Gurney intimated that, in

the circumstances, he intende'd to regard the applicant as a newcomer, Mr. Bit-things asked for an adjournment, so that the 1936 figures could be produced. This request was refused, but finally Mr. Bibbings was allowed to withdraw the application, following an intimation by Mr. Gurney that he intended to reject it.

It is understood that in A.R.O. circles a serious view is taken of the ruling that the applicant should be regarded as a newcomer. This attitude is interpreted as implying a complete change of policy on the part of the Licensing Authority.

It is claimed that it was never the intention of the Appeal Tribunal or the 19:33 Act that an application involving the " transfer " of an old-established business should be decided in the light of the Enston appeal decision,


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