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Matters for the Licensing Authority

15th May 1953, Page 53
15th May 1953
Page 53
Page 54
Page 53, 15th May 1953 — Matters for the Licensing Authority
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RAD1CAL changes in the methods of approach to questions of granting or refusing licences are provided in Section 9.

In future, when exercising his discretion in coming to a decision on any application, the Licensing Authority is to have regard to the interests of the public generally, including primarily the interests of the public requiring transport and secondarily of those engaged in the transport business.

[Public first, transport industry second, is to be the order of consideration of interests.] In addition to those matters laid down in the 1933 Act to which the Licensing Authority must have regard, he must also now take into account the necessity or otherwise (tf unloading and reloading where goods will be carried partly by road and partly by railway or canal. "Unloading and reloading" is not to include those cases where a container may be used as an additional body for a vehicle and may be transferred with its contents to or from railway wagons cr vessels [S. 9 (2)].

As regards the hearing of any objection to the application for any grant of variation of a licence, the burden of proof that there are grounds on which the objection is based is to be on the objector [S. 9 (3)].

[Burden of proof on the objector reverses the present position, and should facilitate applications, although, of course, it will probably increase competition and is not, therefore, generally welcomed by existing hauliers. It will still be necessary, of course, to prove a public need for the proposed service, hut where an objector alleges that exisiing facilities are adequate, he must prove it.] When considering the suitability of existing services the Authority is to compare those existing at the date of the application with those the applicant is proposing to provide. Efficiency, reliability, adequacy and charges of present and proposed services are not the exclusive questions, for all other relevant considerations arc to he taken into account. [The date of comparison of services is the date of the application—not the date of hearing of the application. 1519 This is a peculiar provision, but I presume that the Authority would consider the position at the date of hearing under " all other relevant considerations." The Authority is fold to take charges into account, but whether he is to encourage cheap service or to ensure that rates are adequate to enable good service to be given to the customer is unknown. Ile has to decide that for himself.]

A ground for suspension or revocation of an A or B licence additional to those under Section 13 of the 1933 Act is to be the making by, or the procuring by the licence holder of, any statement of fact for the purpose of his application which was false (whether known to him or not) or any statement of intention or expectation which is not fulfilled. No suspension or revocation, however, may be made on these grounds unless a public inquiry has been held, if the licence holder so requests [S. 9 (4)].

[Applicants should be veiv wary of their evidence on their applications, including that given by witnesses on their behalf. A false statement should be cUsowned and expressed intentions can fed out. No period is, however, provided within which these or expectations have to be fulfilled.]

Any restrictive covenants previously entered into in favour of the Commission or any company under their direct or indirect control preventing anyone engaging in the road haulage industry is to cease to have effect after May 6, 1953 [S. 101.


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