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Annis : Case for New Licence Unchanged, says Counsel

22nd June 1951, Page 31
22nd June 1951
Page 31
Page 31, 22nd June 1951 — Annis : Case for New Licence Unchanged, says Counsel
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Which of the following most accurately describes the problem?

" IT is in the public interest that there

should be an end to litigation in this matter," said Sir David Maxwell Fyfe in his last submission in support of the application of F, Annis and Co., Ltd., before the Metropolitan Licensing Authority last week. The application called for two articulated vehicles of 9 tons unladen weight. The evidence had shown that Minis and Co. was prepared to give service whatever the difficulties at the time the customers wanted it, said Sir David, and no reason had been brought forward by the objectors to show why the earlier decision ot the Licensing Authority should be revoked.

That decision had stated that although Annis and Co. was a newcomer to heavy haulage, it should be allowed to carry collars and kelleys. The Appeal Tribunal, in deciding that these goods :mild be carried in vehicles of normal limensions, had not altered the position. The objectors had asked that the Licensing Authority should reverse an earlier decision. Sir David asked that sither a second licence or a variation sermitting two normal users on one .icence should be granted, whichever as more convenient for the Licensing uthority.

In reply to a suggestion made by Mr, Nlorman Letts. representing the Road Haulage Executive, that there was much sbscurity in the case, Sir David said .hat obscurity could be subjective as sell as objective—it was useful when t was difficult to find other grounds on khich to criticize a case. All the appli:ant was trying to do, he continued, was o translate the instructions of the 4ppeal Tribunal, which had stated that I the concern wished to continue to

carry collars and kelleys, an application for an ordinary A licence would have to be made.

Under cross-examination by Mr. Letts, Mr. F. Annis refuted the suggestion that an abnormal load carried by his concern had been in collision with a bridge He said that the objectors should have known that fact, because

four employees of the R.H.E. had followed that particular consignment in a car from Barrow-in-Furness to Shoreham. There was not a shred of evidence upon which the licence could be varied to include the two tractors and two trailers, said Mr. Letts, except for the carriage of collars and kelleys. For this work either a B licence or a special A licence with strict limitations should be granted.

The Licensing Authority reserved its decision.


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