No Short Cut in Licensing
Page 40
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GRIEVANCES of hauliers, due to deerred decisions and other long delays in the administration of the 1933 Act, are particularly emphasized in the North-Western Area, writes a Manchester correspondent. During the consideration of an application, last week, Mr, Henry Backhouse, solicitor, took a new line in the matter, but without success.
In the past, c,wing to a desire to shorten proceedings at the inquiries, he has found himself at a loss during appeal proceedings, owing to certain evidence not having been submitted. To guard against such an eventuality in the case of S. Scott and Co., Ltd., Oldham, he replied to the suggestion of a deferred decision by Sir William Hart : " I am entitled to ask you . . if you are in doubt whether a prima facie case has been. made out? "
Sir• William Hartdeclined to • intimate what was in his mind.
Mr. Backhouse said that he could not conceive that the figures presented were causing any hesitation. It was cora mon knowledge that the cotton trade had enjoyed a revival in recent times and on cotton carrying alone the figures on every formula justified double the tonnage sought.
There was the evidence of the applicant, there were letters in support, there were no new customers, there was more work from existing customers and there was inconvenience caused by the want of the extra vehicle asked for. There was no evidence whatever from the railway companies to support their objections, not a single word that their traffic was being abstracted, and it was not suggested that the railways carried for any of the applicant's clients.
Sir William Hart said that he was going to have the figures checked.
Mr. Backhouse argued that due weight ought to be given to the letters of customers, because they were not seriously challenged, and it seemed to him that a prima facie case was completely apparent.
Sir William Hart: " That is what I defer my decision to consider."