'FLP' 2: DISC BEFORE APPEAL?
Page 33
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THE Scottish LA took the view that it was in order to issue discs to successful applicants even although an appeal against his decision was pending. The appellant took a different view.
On what fine legal point does this turn. First of all we must look at Section 176(1): "On the application of the holder of a carrier's licence, the Licensing Authority by whom the licence was granted may at any time while the licence is in force vary the licence by directing. . . ." The Section then goes on to say how the licence may be varied.
However, under Sub-Section 5 provision is made for an appeal against the decision:—
"Where a condition attached to a carrier's licence is varied under this section by a Licensing Authority, the variation shall not have effect until the expiration of the time within which an appeal may be made to the Transport Tribunal against the variation nor, if such an appeal is made until the appeal has been disposed of."
At first sight you may feel that the Scottish LA was wrong. But look again: the clause deals with a variation of conditions and the Scottish traffic area had taken the view that as such Section 176 (5) was dealing with a B licence and British Railways sought to vary an A licence.
Since "B licence" does not appear in SubSection (5) how can the LA's office construe this to be the case? I asked the LA's staff. They told me: "An A licence does not carry conditions and a B licence does, and therefore the reference to conditions clearly means that it applies to a B-licence variation".
What has come to be regarded as a condition on an A licence, is in fact, the normal user, says the Scottish traffic area. This is clearly one more illustration of the Act being out of date. What is the fine legal point here? There is no condition attached to an A licence—in the opinion of the Scottish LA—and consequently there need be no delay in the issue of a licence disc pending the disposal of an appeal.