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War-time Purchases: No Licences

20th January 1950
Page 34
Page 34, 20th January 1950 — War-time Purchases: No Licences
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Which of the following most accurately describes the problem?

THE action of the North Western, Licensing Authority in refusing to arant licences to Robertson Buckley and Co.. Lad., for certain vehicles purchased during the war from other operators, has been upheld by the Appeal Tribunal on three appeals.

The company first became the holder of an A licence in the North Western Area in 1935 by acquiring a haulier's business and one vehicle. From 1940 to 1942, four vehicles were acquired from other operators. Two of the vehicle a were originally licensed in the West Midland Area.

Robertson Buckley applied for A licences for four vehicles (14-1tons) at 1.iverpool, and six vehicles (25k tons) and two trailers (5 tons) at Manchester. and a B licence for a 21-ton vehicle at Liverpool. The Licensing Authority granted "A licences for one 2k-ton vehicle at Liverpool and four vehicles (l7i tons) and two trailers (5 tons) at Manchester.' The B licence and A licences for the other vehicles were refused.

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With regard to the two lorries originally licensedin the West Midland ' Area, and bought from another operator, the Tribtinal says that they were never recognized in a licensing sense as forming part of the Liverpool vehicles, and that licenc. es could he granted for them only on proof of

need. .

Moreover, no evidence had been produced to show that, Mani granting a defence permit during the war for a vehicle acquired from another Operator, the Licensing Authority considered the nature of the business or the existence of goodwill. The Tribunal holds that the purchase of these vehicles and the granting of defere...e permits for them did not in themselves justify any claim for A or ft licences to continue • operation. The appeals have been dismissed with . nine guineas costs to the respondents in respect of each appeal. The Railway Executive was respondent in each case.

• In two of the appeals, three haulage companies also appeared as respondents.