Bid to Prejudice Authority ?
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THE form of an objection put forward by the L.N.E. Railway Co. was the subject of protest before the Yorkshire Deputy Licensing Authority (Mr. E. Russell Gurney), at York, on April S. The protest was made by Mr. S. E. Pitts, of the legal department of the North Eastern Division of the C.M.U.A., who conducted an application by Mr. J. N. Sanderson, of Thorparch, Boston Spa, for the regraut of a B licence without
Commenting upon the railway objection, Mr. Pitts said that he seriously challenged the right of the Authority to review the conditions of operation on the ground that the applicant had not worked to the full limit of his radius.
Mr. Gurney: "I am very pleased to hear you say that."
Mr. Pitts, continuing, said that he thought he would have no difficulty in satisfying the Authority, in this case, that the applicant had operated up to his full radius, but he protested against the form of the railway objection. The statutory form of objection stated that the railway opposition was particularly directed to the grant of the licence unless certain further restrictive conditions were attached to it.
-That, remarked Mr. Pitts, was a type of objection designed to prejudice the mind of the Court.
Mr. Gurney : " It does not prejudice me. It seems rather like a musket directed to the head of the Authority."
Mr. Pitts suggested that the right method for the Authority to adopt in considering the renewal of a B licence was to see how far the applicant had carried out the conditions, and clearly . the railway company could not know what it objection was until it had heard the evidence.
Mr. Gurney said that there was nothing wrong in law in the form of objection.
Disclaiming any intention of discourtesy, Mr. Dolden (for the railway company) said that the form was in accordance with the form in the regulations. Mr. Gurney replied that it was not quite in accordance with the regulations. The words to which exception was taken were " unless conditions are attached to it."
The application was granted.