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'Fantastic' Illegal Operations Alleged on Appeal
Page 45
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ENSIVE operations outside the tthorized normal user and allegaof " trafficking in licences " were ered by the Transport Tribunal in n on Wednesday. when W. Keith on Ltd., of Flookburgh. Grangeands, appealed against the refusal three-vehicle A-licence application Northern Licensing Authority, Mr. 7. Hanlon. A decision was reserved. Backhouse. for Keith and Son. lat Mr. Hanlon heard two appli;. He granted the lirst, which con
the take-over by a limited ny of the Keith family business; ;ond one, for three vehicles on A formerly .owned by Kirkham s Ltd., was . subject to the Jer of the licence covering the 'chides in the North Western area. tpplication was refused, having to the applicant's previous can t that area.
LA's refusal, contended Mr. )use. was based on his contention te three vehicles concerned should allowed to continue operations the needs of customers in his Mr. Hanlon had reminded himat action under Section 178 was 3v1nce of the North Western LA, refused to exercise his discretion. was abundant evidence of need principal customer. Millon and Hematite Sales Ltd., and the fact that there would be no effect on British Railways. When Mr. Backhouse said the normal user of the acquired Blackpool-based vehicles covered haulage of agricultural produce. fertilizers and road-making materials normally within Lancashire and Yorkshire, the Tribunal president (Mr. G. D. Squibb) queried many journeys to London. Birmingham, South Wales and Scotland, and asked Mr. Backhouse if he thought it proper for a haulier with a Yorkshire and Lancashire limitation to go from Lancashire to London. on to Penzance and then back to Lancashire.. Mr. Backhouse conceded that back loads should be " roughly in the right direction ", and he suggested that the centre of operation governed the declaration of normal user. The moving of the Kirkham vehicles from Blackpool to Barrow should not prejudice Keith and Son, he urged. Mr. Yorke, for respondents British Railways, said that the case was one of the least attractive to come before the Tribunal. Anyone who believed that Keith and Son knew nothing of licensing in 1960 would believe anything. The illegal operations had continued for five years: if ignorance were accepted as an excuse, it was a good reason for excluding Keith and Son from the licensing system.
Regretting that the Section 178 pro ceedings in the North Western area had been suspended pending the Tribunal's decision, Mr. Yorke said they could not yet know if the licence to be surrendered existed or not.
Keith and Son had continued operating illegally for as long as they could gel away with it and now wanted to keep the fruits of illegality. Their operations had been "fantastic ". said Mr. Yorke. and he suggested that Mr. Backhouse's argument on normal user interpretation qualified him for a university Chair in Casuistry.
Spelmonden Win
THE South Eastern deputy Licensing Authority granted the application by Spelmonden Estate Co. Ltd., heard at Maidstone on Monday and Tuesday of this week (reported on the next page), but amended the number of vehicles from 10 —as sought– to eight artics, Another Six Days
IX further days are to be set aside for the hearing of applications by a number of tipper operators (The Commercial Motor, last week) seeking to carry for the Mid-Southern Tipping Group Ltd. The dates are to he announced in South Eastern Applications and Decisions. Sc far, the case has occupied four days.