B Licence More Appropriate—Tribunal
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THE Transport Tribunal in London last week dismissed an appeal by B. G. Gale Ltd. against refusal by the Metropolitan Licensing Authority to grant the company an A licence for four vehicles. The President, Mr. D. G. Squibb, Q.C., said it seemed that it would be more appropriate, if other circumstances warranted, to grant a B licence.
The appeal was opposed by British Railways, Charles Johnston Transport Ltd., Harrison James Ltd., and Thomas Paine Ltd.
Mr. C. R. Beddington, for the appellant, said that until 1956 it had an A licence on a normal user for carrying milk within a 25-mile radius of certain places in Essex. In March, 1956, Nelo Simoni, managing director of a fruit and vegetable merchants in Covent Garden. acquired the firm.
He had been advised that he could carry his own goods on the vehicles. Mr. Simoni was wrong to accept this "had advice ", said Mr. Beddington. After an inquiry, the Licensing Authority revoked the licence. An application was made for a fresh licence and was refused. Mr. Beddington claimed: "The refusal was not based on an evaluation of the evidence but was really a continuation of the disciplinary measures that the Authority had imposed on the company." He claimed that the right penalty would be to enforce some degree of sub-contracting on the company for about six months. The company had other customers and no evidence had been given of alternative facilities.
In his decision, Mr. Squibb said that when variations of the licence were made after Mr. Simoni acquired the firm, its declaration of normal user was still as it had been stated in 1956.
He said that notwithstanding the fact that in law B. G. Gale Ltd., Nelo Simoni (the firm) and Mr. Nelo Simoni were three distinct legal persons, it appeared to the Tribunal that all they had was a fruit and vegetable merchant who wanted his goods transported. He acquired four vehicles which were on an A licence entirely unconnected with fruit and vegetables. He then proceeded to use them for fruit and vegetables.
Mr. Squibb added: "At this stage of the proceedings it does not appear to us to be necessary to make any adverse comments on the conduct of Mr. Simoni in acquiring these vehicles and using them in that way. What does appear to us is that it is an inappropriate state of circumstances in which to grant an A licence at all."
After refusing the appeal the, President said it was open to the firm to apply later for a B licence.