Market gardener gathers no 0 licence
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k When Mr. G. F. Harding, a market ardener of White Well Road, Frome, omerset, first applied for an operator's cence in March 1970, the RHA objected n the grounds that as an undischarged ankrupt. his maintenance facilities onsequently would be prejudiced through nancial reasons. In June 1970 a public iquiry was adjourned when Mr Harding ontended that within three months he lould have repaid all debts and be ischarged. In September 1970 Mr Harding tiled to attend a public inquiry and his pplication was refused.
The next stage was for a new and more mbitious application to be submitted by 4r Harding and published in December 970 for an 11-vehicle 0 licence, which again attracted RHA objection. At Bristol the hearing was ajourned after Mr Harding again said his debts had been settled, and he expected to settle tax liability within 30 days. He undertook to contact the Licensing Authority and objector within that period, but failed to do so or to appear at Swindon on April 30 and again at Bristol this week.
At this week's hearing, Mr T. D. Corpe, for the RHA, submitted that repeated discourtesy had been shown to the court and the Licensing Authority by non-attendance, and a heavy cost and inconvenience caused to the public and the objector. Comment had been made by a registrar in bankruptcy that this applicant "did not care".
In view of those facts the LA refused the application on the grounds that he was not satisfied that Mr Harding was a fit and proper person to hold an operator's licence.
Mr J. R. Samuel Gibbon, the Western LA, in refusing the application pointed out that he did so not under Section 64 (2) (A) (fit and proper person), but because the recent Tribunal ruling in the F. R. Pullen case had shown that cost of preventive maintenance had to be a. charge on capital and not on future earnings; certainly, said the LA, he would have required more information on this particular aspect. As the applicant was not present to give this, the result had to be a refusal.