The H.M.W. Appeal Commences
Page 41
If you've noticed an error in this article please click here to report it so we can fix it.
A SUBMISSION that the Metropolitan Licensing Authority was wrong, both in fact and in law, and had overlooked evidence of demand, was made on behalf of H.M.W. Transport, Ltd., of Stepney, when their appeal came before the Transport Tribunal in London this week. The company were appealing against the refusal by the Authority of an application
• to convert 28 vehicles and eight trailers from contract A to ordinary A licence, with the normal user "new furniture for W. Steel and Co., Ltd., England, Scotland and Wales."
In an opening stibmission which lasted almost the whole of the first day, Mr. C. R. Beddington, for H.M.W., told the Tribunal that the application did not rest solely on the evidence of a desire to continue providing services for the contract customer outwards from London, and to that extent differed from the Merchandise and Arnold appeals. There was supporting evidence from three other companies who wished to use the vehicles in the reverse direction, from the provinces into London.
Commenting on the Authority's reasons for refusing the application—that the relationship between H.M.W. and Steel's was "only technically that of a customer and haulier," and that Steel and Co. were the "real applicants "—Mr. Beddington said that the Authority had not made it clear why that should be a reason for the refusal of a grant.
The Authority's contention that a B licence would be more appropriate showed that he had disregarded the all important" other evidence ,entirely—a lapse which was very difficult" to underl stand Mr. E. S. Fay, QC., representing 58 independent objectors, said that :the appeal must fail because there was no intention to carry outwards traffic except for Steel's. The applicants were so closely associated with Steel's that the true view was that they were "caught within the Merchandise Transport doctrine," Mr. Fay was continuing his reply at the time of going to press.
(A full report of this appeal will be given in next week's The Commercial Motor.)