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L. A. Refused to Look at Evidence, Tribunal Told

18th October 1963
Page 53
Page 53, 18th October 1963 — L. A. Refused to Look at Evidence, Tribunal Told
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Keywords : Drinking Culture

THE Transport Tribunal, in London last week, reserved its judgment in an appeal by Carman Transport Ltd., of Stoke-on-Trent, against the refusal of the North Western deputy Licensing Authority to allow the addition of five vehicles to its fleet.

The appeal was opposed by British Railways Board and B.R.S.

Mr. J. R. C. Samuel-Gibbon, for the appellant, told the Tribunal that the Authority had held that nearly all the evidence submitted at an inquiry at Macclesfield related to work outside the traffic area and complained that the Authority had refused to look at this evidence.

An applicant for an A licence could not choose the area in which he made his application. submitted Mr. SamuelGibbon, and if the base or centre from which it was intended the authorized vehicles would be normally used was in a certain traffic area, then you had no option but to make the application in that area. The Authority had no right whatsoever to exclude evidence from outside his area, he added.

Mr. A. J. F. Wrottesley, for the railways, said: "It is apparently argued that the only effective right of objection given by Parliament relates to a hearing within the traffic area where the applicant has his base, and that the proceedings must take place there ".

He supposed it could be argued that the difficulty could be overcome by all hauliers all over the country having copies of applications and decisions in all areas, but, Mr. Wrottesley submitted, the Licensing Authority had power to ensure publication in other areas if he thought fit. Meanwhile, under previous pronouncements by Sir Hubert Hull, former president of the Tribunal, the Authority had very wide discretion, and in this case he had exercised it judicially.

Mr. J. S. Lawton, for B.R.S., said that the Licensing Authority felt that all the significant work was originating from London or the London area and that, quite properly, he could not in the circumstances consider it.

Revoke Licences: Minister THE Minister of Transport has allowed appeals by Greenslades Tours Ltd., Excelsior European Motorways Ltd. and Bristol Co-operative Society Ltd. against the deelsions of the Western Traffic Commissioners granting to G. S. and W. E. Carnall and to W. Gard roadservice licences authorizing services of British and Continental camping tours.

Circumstances had changed radically since the licence to Mr. and Mrs. Carnal] was granted, as they had sold their coach business and emigrated, and the Minister concluded that in all the circumstances the licence could not be allowed to stand.

In respect of the licence granted to Mr. Gard, the Minister considered that there was, on balance, insufficient evidence of need or desirability to justify the grant.

At all stages of his considerations the Minister kept in mind the views expressed consistently by the Commissioners as to the desirability of camping tours. He had no wish to deprive the public of a facility, he said, but the tours under appeal had not, in fact, been operated.

The Minister has accordingly directed the Commissioners to revoke the licences.


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