THE JURISDICTION OF A LOCAL AUTHORITY. I Features of a
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Licensing Controversy Which is Shortly to be the Subject of an Inquiry by the Ministry of Transport.
A MINISTRY OF TRANSPORT in.t1 quiry to be held at Darlington shortly will prove of great interest to the whole of the road-passenger transport industry, as the point raised is the important question of a local authority's jurisdiction outside its own area.
The inquiry is the result of a licensing dispute between the United Automobile Services, Ltd., and the Darlington Corporation, and has been brought about by a series of developments in the course of the past few weeks. These culminated in a recommendation to the corporation, from its hackney carriage committee, to revoke the whole of the licences held by the company owing to the inability of the two parties to come to an agreement as to operation over the Richmond and Darlington route.
The many phases in the tussle were embodied in a report prepared by the committee for submission to the last full meeting of the town Donnell. This dealt with certain events which took place on October 8th, when Mr. E. B. Hutchinson, chairman and managing director of the 'United Automobile Services, Ltd., interviewed the committee concerning, amongst other matters, the running of a new bus service between Darlington and Richmond, via Skeeby, • Without first obtaining the permission of the corporation. Mr. Hutchinson then stated that his company .had no desire to flout the authority of the corporation, but lie contended that the corporation had no jurisdiction in the matter outside the boundaries of the borough. The committee resolved -(1) that unless within seven days of the meeting the company cease to operate the service the council be recommended to revoke the whole of the licences to ply for hire granted tb the company by the corporation; (2) that failing such cessation the town clerk be instructed to intimate to the company that a sufficient number of licences to enable the company to operate their services would be granted on receipt of -a satisfactory requisition and undertaking ; (3) that, in the event of the company continuing to operate their services after the revocation. of the licences and without having lodged, within three days, an appeal to the Ministry of Transport against the refusal of the corporation to grant licences to the company, the town clerk be instructed to take proceedings in respect of every occasion on which an omnibus of the compEmy stands or plies for hire.
At a further meeting of the committee held on October 21st it was reported that the company had not withdrawn the service in question.
On November 3rd, the day before the meeting of the council, the United Automobile. Services, Ltd., applied in the Chancery Division for an injunction, ex parte, over November 5th, restraining the corporation from revoking the licences. In making the application, Mr. A. Uthwatt, who appeared on behalf of. the company, submitted an affidavit from the managing director, Mr. Hutchinacm, who presented the company's side of the question. The company had operated a service from Darlington to Richmond, via 1VIelsonby, for some years. The direct route between the two places was by way of Skeeby, and was two miles shorter. Licences to stand and ply for hire in the borough of Darlington were applied for and received on June 24th last. The total number of licences granted was 171.
The corporation alleged that the company had broken the undertaking given at the time when the licences Were granted, in the following respects :— (1) With -regard to the Riehmond route; (2) as to the number of buses placed on the route ; (3) with regard to the time-table.
The explanation of the company was that their .action was due to the operations of a rival company on the Skeeby route. They also contended that there was a need for more vehicles and that the variations secured the approval of a committee of the corporation.
The injunction was granted and when, an the following day, the Darlington Town Council had before it the recommendations of its committee, the subject was discussed in private.
On November rth the company sought a continuance of the injunction in the Chancery Division. For the corporation, Mr. Mieklewaite said the coutention of the local authority was that the company had broken their undertaking given when the Reel-ices were issued. The proper course Was to let the Ministry of Transport decide.
For the company. Mr. Cover,
said this was the line he would have advocated. The only reason why the writ was ,issued was to preserve the status quo pending the reference to the Ministry.
The injunction was cancelled, and an agreement was reached for the company to apply for new licences within seven days and to prosecute a formal appeal.
We shall deal with the inquiry in an early issue.