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Appeal allowed on technicality

19th February 1965
Page 51
Page 51, 19th February 1965 — Appeal allowed on technicality
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Which of the following most accurately describes the problem?

AN appeal by Hall and Ham River Ltd. against 'a decision of the South Eastern deputy Licensing Authority was allowed on a technicality by the Transport Tribunal in a reserved written judgment issued last week. But a slight variation of the B-licence conditions authorized to the respondents, William R. Selwood Ltd. in respect of three vehicles, in effect upholds the grant.

Under the erroneous impression that the vehicles (dumpers) were road construction vehicles, the Tribunal was told during the appeal that the respondents had operated without a carrier's licence until 1962. They had then applied for a 8 licence to enable them to carry

excavated materials from sites in Hamp

shire for Hampshire County Council. '

Although at the public inquiry no oral evidence was given by the County Council, two supporting letters were produced and the Tribunal, in its judgment,. came to the conclusion that there was evidence that the County Council required the use of dumpers in that they had asked for tenders specifically in respect of those vehicles and from time to time hired them in accordance with the accepted quotation.

The Tribunal's judgment, therefore, agreed that the grant should stand, hut that the vehicles be specified as " dumpers" as opposed to " dumpsters ".


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