The Transport Tribunal
Page 31
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Oswestry Haulier's Appeal Fails
AN appeal by an Oswestry haulier against a decision of the West Midland Licensing Authority was dismissed by the Transport Tribunal in London last week after a two-day hearing.
Mr. Edward Charles. of Gobowen, near Oswestry, was objecting to the variation in the conditions of a B licence held by another local haulier. The Licensing Authority had granted Mr. George Hyde, of Queen's Head, Oswestry, a variation in his licence for three vehicles, allowing him to carry products for the Express Dairy at Whittington and Ruyton in Shropshire, for distances as reqiured by the Dairy.
The Tribunal allowed the decision of the Licensing Authority to stand, but ordered that the radius of operation for one of the three vehicles should remain at 50 miles from its base.
Mr. J. R. C. Samuel-Gibbon, for Mr. Charles, said that before the granting of the variation Mr. Hyde was authorized to carry milk for the Express Dairy on two vehicles and general goods within a 50-mile radius on one vehicle.
The whole Case, he said, turned on the requirements of the Express Dairy at Whittington and Ruyton. Mr. Charles and Mr. Hyde had done a good deal of carrying for them from both places, but Mr. Charles' traffic from the dairy had dropped almost to nothing.
There had been some suggestion that he was reluctant to carry loads of less than 10 tons, but from August, 1959, to September, 1961, his vehicles had carried consignments of less than 10 tons on 75 occasions.
Reviewing the evidence given before the Licensing Authority, Mr. SamuelGibbon said that the representative, of the dairy had stated that he preferred using Mr. Hyde's vehicles to those of Mr. Charles because they were virtually at his disposal. Mr. Charles had given evidence that his vehicles were available if required at very short notice. He said he had never had a complaint from the dairy before the hearing.
Mr. C. R. Beddington, for Mr. Hyde, said that Mr. Hyde had been carrying for the dairy for 25 years, far longer and to a far greater extent than Mr. Charles. His traffic in milk from the dairy had declined, but his carriage of whey for them had started fairly recently. Mr. Beddington submitted that Mr. Hyde's vehicles were the most convenient.