Col. Redman Goes to the Appeal Court
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TN the Court of Appeal (before Lords Justices Greer, Slesser, and Roche), on Wednesday, Col. A. S. Redman,the West Midland Licensing Authority, appealed from the judgment of a King's Bench Divisional Court, on December 12 last, quashing the Authority's decision to grant a class B licence to Hill and Long, Ltd., to use vehicles to carry furniture over any distance. By its application, however, the company said it intended to use the vehicles tinder normal conditions only in , the Birmingham and Wolverhampton districts.
The Great Western Railway Co., the respondent to the appeal, said that if, on seeing the advertisement of the application, it had known that the licence would have been granted for any distance, it would have opposed it. The G.W.R., therefore, moved, before the Divisional Court, for a rule nisi calling on the Licensing Authority to show cause why his decision should not be quashed.
The Attorney-General (Sir Thomas Inskip, K.C.), for the 'Authority, said the Road and Rail Traffic Act gave the Licensing Authority power to attach a condition to a licence, and, if the G.W.R. had a grievance, it was against the way in which the Act was drawn up, and nothing else. But on the application, the railway company had no right to be heard.
Mr. Walter Monckton, KC., for the railway company, submitted that, in substance, an application for a class B licence was for a district in respect of which the application was made, and not for any district that the applicant would like to serve. It was the duty of the Authority, he urged, to consider the views of objectors, who were offering facilities for transport in the district which it was intended to serve.
The hearing was adjourned.