Short-term grant but a long-term dilemma
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INTERESTING POINTS RAISED IN UNUSUAL APPLICATION
Counsel: May it please you, Sir, I appear in this application for my client, Santa Claus, an old-established carrier—one of the oldest, in fact.
LA: Then I don't understand, Mr. Perkins. If your client has been in the haulage business for so long, why is he applying now for an entirely new carriers' licence instead of for a renewal?
Counsel: I hoped that that question would not arise, Sir. Since it has done, I have a confession to make on behalf of my client. He was entirely unaware until he recently took legal advice that his activities required to be licensed. He is now "putting his house in order", as I have heard the process called.
LA: I hope you are not going to pray in aid his previous illegalities. You know the rulings of the appeal Tribunal on that point. Counsel: Indeed I do, but I am not proposing to call any supporting witnesses or to produce past tonnage and mileage figures. I intend to show that my client's activities are unique and to hand in a number of supporting letters.
LA: So long as you don't expect me to hand out licences like leaflets. You know what little evidential value such letters have. Need I quote from Potter Bros. Ltd. v Bakers Transport (Southampton) Ltd.: "In general it is undesirable to rely upon letters from customers unsupported by oral evidence which can be tested in cross-examination." That is only one of a number of similar statements, all with the same drift, as you well know.
SPECIAL CIRCUMSTANCES
Counsel: Certainly; but I think I shall be able to convince you that there are special circumstances here of the kind which led the Tribunal to say, in P.M. Browne (t /a Brownes Transport) and Others, that a case had been made out "although the only supporting evidence consisted of letters in somewhat general terms".
LA: Very well. Proceed. But first, why is your client seeking an A licence? Why not a B?
Counsel: Because he has no trade or business other than that of carrier of goods. In my opinion an A licence is therefore appropriate here. I cite as authority H. J. Clark ft /a A. Clark) v B.T.C. My client conducts in effect a nationwide, indeed an international, delivery service of smalls and sundries .. .
LA: Just pause there a moment, Mr. Perkins. Did you say international? Counsel: Yes. His headquarters are in Lapland, I believe.
LA: That will not do. He must have a base in Great Britain. I cannot deal with this application.
Counsel: But he has an operating centre here.
LA: Within the definition laid down in the Hays Wharf Cartage Co. case?
Counsel: Within the definition there laid down, yes.
LA: So be it. But did I hear you say that he delivers smalls and sundries?
Counsel: You did, Sir.
GENERAL GOODS?
LA: Why, then, on the form of application, in answer to the question about what class or description of goods he proposes to carry, has your client put "General goods"? If he does not carry livestock, bulk liquids, solids fuels, agricultural produce, building materials and plant and the thousand and one other commodities that are mentioned in this court day after day—why, I should like to know, does he put "General goods"? Counsel: Perhaps his inexperience in licensing matters explains that. But if you wish to limit the description ...
LA: You know I am not allowed to alter an applicant's declaration of normal user. In Robert Earl and Sons (Transport) Ltd. v Sherrell Hague Ltd., the deputy LA of the Yorkshire Traffic Area had his knuckles rapped for doing that. In any case, look at the next question on the form. Mr. Claus puts "Gt. Britain" when asked the districts within which or the places between which he proposes to carry. Is that correct?
Counsel: We think it is. My client delivers in every part of the country. He has orders from almost every house where there are children.
LA: Does he understand section 128 of the Act?
Counsel: You mean the section requiring him to fulfil his declaration of intention or expectation?
LA: Precisely. And the penalties if he doesn't. Is he undertaking to deliver every order he gets, from whatever county it may corn e?
Counsel: He fully understands his obligations. He never fails to carry out his intentions. Once goods are committed to his care, he pledges himself to deliver them, although some premises are not well suited for his method of delivery.
LA: I am not sure what that means.
Counsel: It means that he delivers, not through the doors of houses, but by way of the chimneys.
LA: Indeed! With what type of vehicle does he do that? If the vehicle leaves the ground, it must be classified as a helicopter or hovercraft. And over those I have no jurisdiction. He must go elsewhere for a licence. Counsel: I assure you, Sir, that his vehicle goes along the ground. I am satisfied that you have jurisdiction.
LA: But what type of vehicle is it? What horse-power?
Counsel: Reindeer-power, Sir, not horsepower. It is a flat vehicle without sides. Owner-driven.
LA: If he is an owner-driver, why is he applying for a licence for two vehicles? Counsel: One is a maintenance vehicle —needed in case of a breakdown.
LA: Oh! come, come. You know what the appeal Tribunal has said about the licensing of breakdown vehicles. Isn't it one maintenance vehicle for every 12 in a fleet? There was the Watts case, for instance, and the later case of King in the Eastern Traffic Area. Besides, Regulation 14 of the Licences and Prohibitions Regulations provides special machinery for authorizing temporary substitutions for maintenance purposes or breakdowns. We can shortcircuit the normal licensing processes if urgent need arises for a breakdown vehicle to be authorized. A telephone call to my office would do.
Counsel: But my client works only at night. I venture to think that your office will be closed when Mr. Claus is making his deliveries.
LA: When are the deliveries made?
Counsel: On the night of December 24/25. LA: On one night only? Why, then, is your client applying for a full-term licence? Need I remind you that section 170 of the Act expressly provides for the issue of shortterm licences for (a) a seasonal business, (b) the execution of a particular piece of work or (c) any other purpose of limited duration. I shall grant only a short-term licence. You need not call your client. This may be the last licence he will ever get.
Counsel: I am afraid I don't understand, Sir.
LA: I meant that next year quality licensing may have started.
Counsel: If he is not too old to enrol, I shall recommend him to take a course in transport operation at a night school.
LA: Maybe the old gentleman will not need to. As he delivers over distances of above 100 miles, his business will probably be nationalized. Next case, please.