" Rights " of Operators of New Services Defined
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THE thorny question of a Licensing Authority's position with regard to existing versus new operators has been further clarified by the Minister of Transport following an appeal by the Birmingham and Midland Motor Omnibus Co„ Ltd„ against certain decisions of the East Midland Licensing Authority.
In allowing the appeal, in part, the Minister stated: 'Quite apart from the question of the extent to which, in this particular instance, the Wainfleet company should be regarded as newcomers, the Minister is of opinion that no principles have been, or should be, established which would have the effect of fettering the discretion of the Licensing Authority in coming to a decision on any particular application. It is the duty of a Licensing Authority to hear and determine applications for road service licences on the merits of each individual case.
Existing Operators' Claims " On the other hand, where some new service has been shown to be necessary or desirable in the Public interest, and there is an established operator in the district who is willing and able to provide that service, the Licensing Authority should, as one of the factors to be taken into account and balanced with other factors when coming to their decision, consider any claim put forward by that operator on the basis of the services which he is already providing."
The appeal, which was heard by Sir Robert H. Tolerton in London on October 14 last, concerned the Authority's refusal to grant permission to Birmingham and Midland to run excursions and tours from Hinckley to certain places not authorized on their existing licences, and the granting of a licence to Wainfleet Motor Services, Ltd., for excursions and tours from Hinckley to eight additional places.
A submission by Mr. D. E. Skelding, for Wainfleets, that the appellants had no right of appeal against the Authority's decision in respect of their own application, has been rejected by the Minister, but he did not consider there was sufficient evidence to alter it.
Mr. Skelding argued that Section 81 of the Road Traffic Act, 1930, gave no right of appeal against a refusal to vary licence conditions, but Mr. H. R. Herbert, for Birmingham and Midland, replied that the application concerned was for a variation of a licence and not of conditions.
The Authority is to delete Buxton, Clevedon, Southend and Burton-onthe-Water from the licence, on the ground of lack of evidence of need. CAMP SERVICE REVOKED
ONappeal by the British Transport Commission, . the Minister of Transport has revoked the campservice licence granted to Athelstan Coaches, Ltd., by the Western Licensing Authority. The service operated between Bullavington R.A.F. station
and London, • The licence, which was granted to Athelstan Coaches in June, had previously been refused in 1952. A subsequent appeal was also rejected.
The Minister now considers that there was insufficient evidence produced at the second application to justify a different decision from that made after the appeal, and has made an order on the Authority revoking the licence.
The appeal was heard before Mr. J. M. Glen at.Salisbury in October, 1955 SCOTTISH SHOW DATE
THE 40th Scottish Motor Exhibition will be held in Kelvin Half, Glasgow, from November 11-19, 1955. From next year onwards the exhibition will be annual. There will be no show this year.