Partnership problem is resolved
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Frank Miele and Malcolm Davis (Miele & Davis Transport)
• One of the partners in a partnership which was refused a restricted licence, on the grounds that the goods to be carried belonged to one of the partners and not the partnership, has been successful in applying for a similar licence in his own name.
West Midland LA John Mervyn Pugh refused the application for a one vehicle licence made by Frank Miele and Malcolm Davis. trading as Miele & Davis Transport, after evidence that Miele was a market gardener who wanted to transport his own produce to market and Davis would run the transport side. (Legal Bulletin, November 1987.) Although that application was opposed by Wychavon District Council, it did not oppose the application by Miele for a licence in his own name. Six local residents, however, maintained their representations on environmental grounds.
For Miele, it was said that he undertook that the vehicle would not travel over the access road in excess of 5mph and he would accept conditions that the vehicle would not exceed 7.5 tonnes, and that there would be only one movement in or out between 1600 and 1930 hours, and again between 2200 hours and midnight, except in emergencies. Miele was also prepared to contribute to the upkeep of the road The residents maintained that the proposed operating centre was unsuitable as such and that the condition of the access road was a disgrace.
The LA granted a licence for five years, subject to the agreed conditions and further condition that no maintenance be carried out at the operating centre. A private road was no concern of his, he said, and it was better that there should be a licence over which he would have some control, than a situation where Miele was hiring vehicles in to do the work, something over which he had no control.