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GRAVEL FIRM WINS C TEST CASE

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1st May 1964

Page 58

Page 58, 1st May 1964 — GRAVEL FIRM WINS C TEST CASE

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1VIAGISTRATES at Feltham, Middx. IVL on Tuesday dismissed a test prosecution against Hall and Ham River .Ltd. of Croydon and awarded the company 10 gns. costs. The company had pleaded not guilty to a summons brought by the Metropolitan Licensing Authority alleging failure to comply with C licence conditions.

For the prosecution, Miss S. F. Norwood said the case had been brought by agreement with the defence. She said a Hall and Ham River lorry was on December 20 carrying 6 cu. yd. of muck and rubble collected from an excavation site of a building firm, Yeomans and Partners Ltd., to use for filling Hall's Bedfont pit. She said; "The company was quite entitled to do this. But then we get the curious position whereby the

building firm are so anxious to get waste material off their hands that they are prepared to pay 8s. 6d. a cubic yard to have it taken away." This, she alleged, broke the conditions of a C licence by using the vehicle for hire and reward, and as such required a B licence.

Miss Norwood said it was accepted that the company had to fill their pits but they could sub-contract to firms using B-licensed lorries or could remove the materials without payment.

A Metropolitan traffic examiner said that after stopping the lorry he visited the company and was given a prepared statement from the transport officer, Mr. Stanley Harper, part of which said: "Where the company has to collect rubbish and then fill a pit we use one of our limited number of lorries holding B licences. But when, as at Bedfont, it is merely to collect rubbish at its source we use only the C licence." Mr. Harper said in court that even if building firms refused to part with material unless given payment the company would still be forced to obtain it. He agreed they were in direct competition with firms which had B licences.

Defending, Mr. R. M. Yorke said: "We take the view held by those in the trade for 30 years, and even up until recent years by the licensing authority itself, that a C licence entitles gravel firms to carry their own goods irrespective of any payment which might have been made to them."

The chairman of the bench, Mr. A. A. Bellm, said he was satisfied that the company were using their vehicles within the terms of a C licence.