When Licences Can be Granted on Grounds of Equity P RINCIPLES
Page 10
If you've noticed an error in this article please click here to report it so we can fix it.
governing the transfer of licences are dealt with at length by the Appeal Tribunal in a decision issued this week.
The case was one in which the South Eastern Deputy Licensing . Authority granted a B licence for an articulated vehicle to the Shoreham Engineering Co., Ltd., Shoreham, • Sussex, despite objections by , Hole and Son (Sayers Common), Ltd., Hassocks, and the Railway Executive. The Hole concern appealed. • The Shoreham Engineering Co.. Ltd., purchased the vehicle from the Sussex " Plant Hire Co.. Ltd., which operated it partly for hire or reward under a B licence. The latter company was wound up voluntarily and the vehicle was sold to the Shoreham Engineering Co.. Ltd., for £1,800.
At the original hearing, letters were produced from former customers of the Sussex Plant Aire Co., Ltd.. stating that they were willing to continue to employ the vehicle under its new ownership. Mr. G. E. Ferguson, a director of the Shoreham Engineering Co„ Ltd., and of the former Sussex Plant Hire Co.. Ltd., said that the vehicle was used for about only one-third of its time for the carriage of goods for hire or reward. He also stated that ,he had been advised that there was no goodwill attaching to the business, because the assets had been sold piecemeal.
He produced an zgreement dated June 17, 1948 (more than three months after the vehicle had been sold), coverine the sale of the lorry and conferring on the purchaser the benefit of all contracts and agreements relating to the carriage of goods for hire or reward.
The Deputy Licensing Authority held that former customers of the Sussex Plant Hire Co., Ltd.. would be inconvenienced if the services of the vehicle ceased to be available.
The Tribunal states that the Shoreham .Engineering Co., Ltd., in making its application for a licence, had relied on the principle that an applicant should not be required to prove need if he applied as successor in title to a haulier who transferred his business to the applicant, and if evidence were produced in accordancewith the Boston Haulage appeal decision.
"Such transfers," says the Tribunal, c2
-generally take place on purchase, when a payment is made as valuable consideration for the transfer. but the transfer may be effected for what is termed good consideration, viz., natural love and affection, as in the case of a transfer by a father to a son, etc.. or may take place on demise where the holder of a carrier's licence dies.. The principle in such cases is that theft is an equity which it is proper to recognize towards or, in the person who transfers to business, and the grant of a licence is, for that reason, made to the transferee......
The payment of £1,800 was made solely in respect of the vehicle and not for the purchase of goodwill, the Tribunal declares. The question whether the grant could rest on any equity in or derived from the Sussex Plant Hire Co.. 1,1d.. although there was no sale for valuable consideration, could not be determined without fuller information as to the shareholding in the Sussex and Shoreham companies and the circumstances of liquidation.
• 'The Tribunal is satisfied that there is no evidence to show that the public would suffer by the refusal of the licence, and says that the Shoreham company should have been treated as a newcomer. The appeal succeeds. The Shoreham Engineering Co., Ltd., the respondent, is to pay 110 10s. to Hole and Son.
TOWN TO LOSE LOCAL BUSES
ARBROATH'S experimental local bus service, which has been uneconomic from the beginning, according to W. Alexander and Sons, Ltd., the operator, will be withdrawn at the end of this month. From February 1, the route at .present. covered by the local service will be catered for by the diversion of through buses from Arbroath *to Dundee. In addition, a certain number of buses will run to and from the West End during peak periods.
At a recent meeting. . Mr. P. G. Armstrong. assistant general manager of the Alexander concern, produced figures to show that during November and December, even with a monthly subsidy of 130 which the Secretary of State had authorized Arbroath Town Council to pay. the 'service was still being run at large loss.
RED PETROL: DEFINITION OF PRIVATE CAR NEEDS CHANGING
1 141POSING a fine at Bradford, last week, of £6 6s., with £5 5s. costs, on the Packard Garage and Filling Station, Ltd., Thornton Road, Bradford, for using commercial petrol in a private motor vehicle, and fining the company 16 6s. for failing to keep a record of coupons and fuel used, the Stipendiary Magistrate (Dr. F. J. 0. Coddington) suggested that the definition of a private vehicle should be redrafted as soon as possible. •
For the company, it was submitted that the use of red petrol in the vehicle was justified. It was an old and dilapidated . hackney carriage adapted by the removal of the back seat, and was run under a general trade plate for , carrying goods and tools. It was not used for carrYinglpassengers.
."The definition under:the regulation is most unfortunately worded." said the Stipendiary Magistrate; "and in my opinivn ought Lobe redrafted as soon as possible,. beeause it covers not only
what are usually called private motorcars, but motorcars used for commercial purposes, provided that when originally constructed they were intended to be private cars."
Dr. Coddington added that, under the present definition, the defendant became guilty of What was usually a very serious offence. In this case the guilt, in my opinion, is of a purely technical character," he said.
NO BRANDED PETROL YET
DESPITE various promises held out to die oil companies, pool petrol .s to remain until further notice. It is claimed that the return to individual brands would increase the cost of distribution. whilst there would be less in quantity if the octane rating of certain' brands was raised. Many of the companies have already repainted their . pumps in their brand colours and markings, but these will still have to be labelled " pool.",
FEBRUARY 15: THEY'RE OFF!
A PPLICATIONS for B licences by a 1—t number of racehorse trainers in Yorkshire will be heard by the Yorkshire Licensing Authority in York on February 15. As reported in "The Commercial Motor" . last week, the vehicles concerned are at . present operated under C licences, and the Railway Executive will oppose the granting of B licences. The Road Haulage Association is backing the applications.