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Objectors Were Taken For a Ride—Counsel

19th March 1965, Page 51
19th March 1965
Page 51
Page 51, 19th March 1965 — Objectors Were Taken For a Ride—Counsel
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Which of the following most accurately describes the problem?

nESP1TE a strict declaration hat they would restrict work under their normal user to no more than 5 per cent, Refrigerated Transport Ltd.—a company formed specifically to undertake the transport of meat and other refrigerated foods handled by Fairfields Cold Stores Ltd.—last week admitted to the Metropolitan Licensing Authority, through their accountant, that 23 per cent of work undertaken since the declaration was made outside the normal user.

The accountant, Mr. A. T. Burr. was giving evidence during the third day's hearing of an application to add six articulated vehicles, with containers, to carry " meat and other refrigerated foods into and out of Fairfields Cold Stores within 200 miles". Objecting were British Railways, BRS (Meat Haulage) Ltd., Union Cartage, Moto Transport, 3. Ward and Sons, J. Packer and Sons. R. Cornell and Cory Associated Wharves Ltd.

The matter was first heard in November of last year, when the LA, Mr. D. 1. R. Muir, was told that the application was to vary an A licence originally granted in March, 1964. (On that occasion, upon hearing that only 5 per cent of the work would be outside the normal user, and that the applicants would modify their bid from six to four articulated units, the objectors had withdrawn.) The first day's hearing of the current application was adjourned to allow the applicants to produce certified figures and a record of normal user.

The case was resumed in January when it transpired that the documents asked for were not forthcoming and, after evidence of support was given on behalf of Fairfields Cold Stores, who said that they were "ashamed 's to use some vehicles of the objectors and had refused to load them, the matter was further adjourned to enable a schedule to be supplied giving particulars of customers and what was carried for them.

During last week's hearing Mr. F. A. Fisher. for British Railways, submitted that the applications should be refused because of the state of the documents. Mr. R. Yorke, for BRS, Contended that Refrigerated Transport were people "we simply cannot trust ". He added: "We had their word—given in negotiations— and it was worthless." He suggested that the objectors had been "taken for a ride ".

Referring to the lack of information given in the documents, he said that the objectors had been "suckers" and they wanted to know how big stickers they were. Mr. Yorke, supported by Mr. M. H. Jackson-Lipkin (for the independent objectors), asked for a further adjournment. which Mr. Muir refused.

Evidence of support was then given and, because of the lateness of the hour, the application was adjourned.


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