0 licence appeal fails
Page 18
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A LIVERPOOL haulier failed in his appeal against a decision to terminate prematurely his 0 licence when he told the Transport Tribunal he did not know a Licensing Authority had the power to inflict such a penalty.
Counsel for Glentrust Demolition and Plant Hire, J. A. Backhouse said that in a letter sent to the appellants by North Western LA, R. D. Hutchings summoning them to appear before a public inquiry, they had been told the LA would consider whether the licence should be revoked, suspended or curtailed.
No mention had been made in the letter of the LA's power to terminate prematurely the haulier's 0 licence.
It was said the failure to do this was due to the LA using a form of letter drafted before section 69(1) of the Transport Act 1968 was amended by paragraph 4(1) of Schedule 4 to the Road Traffic Act 1974.
But, said the Tribunal, just because this power was not mentioned in the LA's letter, this did not invalidate his authority, and the decision to terminate prematurely the company's 0 licence remained and the appeal was dismissed.