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TC's rejedion of licence application was 'inevitable'
Page 35
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THE REFUSAL OF a licence application by WinFor-Far Travel & Transport Services by the Eastern Deputy Traffic Commissioner Timothy Swan on environmental and financial grounds at the end of August has been upheld by the TransportTri bunal on environmental grounds.
The Tribunal also upheld the decision of the Eastern TC Geoffrey Simms in December to revoke the licence held in the name of director Maynard Winspear. Following undertakings at public inquiries that the company would apply for a licence and that, on the granting of that licence, Winspear's licence would be surrendered, the company applied for a licence for two vehicles and two trailers based at Capital Farm, Great Moulton, Norfolk.
Norfolk County Council opposed the application, saying the site was a derelict pig-pen, access was a hole in the hedge and the road outside was a narrow byway.
Winspear told the DTC that the company could not be expected to spend money on the site until a licence was granted. He did not expect it would be used much, as the vehicles would be mainly abroad. The local council had blocked the use of his own licence's operating centre. Although Winspear was able to show substantial funds in private accounts, there were no funds in the name of the company.
In refusing the application, the DTC concluded that the proposed centre was unsuitable for large transport vehicles, and the company did not meet the financial requirement. The TC revoked Winspear's licence, as he was unable to use his authorised operating centre.
Before the Tribunal,Winspear argued that the state of the road had been grossly exaggerated and the DTC had been wrong to find it was unsafe. He also felt that the criticism of the access was also exaggerated.
The li-ibunal was satisfied that the DTC had been entitled to reach the conclusions he had. It also considered that theTC's decision was inevitable.