Oakey and Sons Appeal Dismissed
Page 31
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THE Transport Tribunal, in a reserved written judgment, has dismissed the appeal of R. Oakey and Sons Ltd., of Alvescot. Oxon, against a decision of the East Midland Licensing Authority (COMMERCIAL MOTOR, January 28).
The "belated abatement" of the appellants' claim, whereby the number of vehicles they sought to transfer from B to A licence was reduced from seven to two, "certainly did not enhance the appellants' prospects of persuad ing us to allow the appeal", says the Tribunal.
It was not merely a matter of quantum. "If the case presented to the Licensing Authority was a valid one, it was as valid for seven vehicles as for two." The appellants apparently were willing to endure five sevenths of their difficulties if two more vehicles could be put on A licence. "We cannot avoid the suspicion that the appel lants hope, by having these two additional A-licensed vehicles, for more benefit than simply ending two-sevenths of the difficulties of which Mr. Oakey spoke."
The Tribunal concludes that the effect of the change proposed would enable more bricks to be carried for the London Brick Company Ltd., "and we have little doubt that that is how such vehicles would be -used".
There was no evidence of shortage of facilities for this traffic, which would be carried by the appellants "to the detriment of other hauliers and without any countervailing public benefit".