Tribunal defers two decisions
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THE Transport Tribunal in Edinburgh has deferred decision on two appeals.
Leith Waste Company appealed against the removal of two tippers from its licence following a hearing before the Scottish Licensing Authority; case for the appellant was that the penalty was harsh and oppressive and Patrick Dignan gave evidence of changes made in the operation of his building business following immediate prohibitions in 1972 and again in January 1974.
Mr Dignan was told that the Tribunal could only alter a decision if it were seen that the Authority had erred in principle. It was then claimed that the inspector responsible for the prohibition had not been in court at the day of hearing; this, the agent claimed, had meant that he could not be questioned.
Tribunal president Mr J. B. 1-I. McKay then pointed out that the Authority had removed two vehicles in the belief that they were not being used and was therefore not hard on the appellant. He had gained the impression from Mr Dignan's own evidence that his firm was only using two and only needed two vehicles. Decision was: reserved.
In the other appeal, Robert Wallace Richmond, coal merchant, of Bonhill, Dunbartonshire, pleaded the death of his wife, his own collapse and hospital operations as reason for the decline of standards in the family business. He had originally three vehicles, but wanted one only now to handle the restricted amount of coal which was being supplied. The penalty imposed was to cancel the whole licence for two months and then to eliminate two vehicles from the licence. Mr Richmond admitted immediates in April 1974 and agreed that the vehicle had been in bad shape; the inspector showed that there was no inspection system in use and no system was in use yet, and Mr Richmond agreed. He also said that he did his own inspection. If the penalty were applied, he said, he might as well shut up the business and go on Social Security.
Mr McKay said that it was not the function of the Tribunal to look at the Social Security side of the situation. He suspended the penalty until the decision of the Tribunal is made known.