Flower Freight Wins Appeal
Page 13
If you've noticed an error in this article please click here to report it so we can fix it.
A HAULIER whose application to rm. the deputy Metrripolitan Licensing Authority was said to have been conducted in an atmosphere of "a French revolutionary tribunal" won his appeal at the Transport Tribunal in London on Monday.
The Tribunal granted a B licence for four 30-cwt. vehicles to Flower Freight Co. Ltd., of Catherine Street, London, W.C.2. The licence conditions are for carrying flowers, bulbs, fruit and vegetables from Southend and Gatwick Airports to Birmingham and Manchester, and within a 15-mile radius of Covent Garden.. ..
Mr. M. H. JacksomLipkin, for the firm, told the Tribunal: " It must appear that the merits, of this application were never seriously • considered, that the evidence was never sifted or appraised and that the whole proceedings were conducted in the atmosphere of a 'prosecution." The evidence rerninded one of the proceedings of a French revolutionary tribunal rather than investigating the need for carriage on the roads.
The Authority had considered that letters received by the firm after the application was made could not be of any value to him. Mr. Jackson-Lipkin felt that the underlying reason for the refusal of the application was not the evidence, nor the customers' needs but the luggage racks business. He said the firm's case was that a prima facie case was established and not rebutted by the objectors. Their witnesses had complained of the inefficiency of rail services, Giving his decision, the president of the Tribunal. Mr. G. D. Squibb, Q.C., said the deputy Licensing Authority had formed the view that it was unlawful for mini-buses with luggage racks to operate under this licence, That view very clearly influenced his decision, but it was now quite clear that it was perfectly lawful to do so. Commenting on letters written after the date. of the application for use as evidence, the president said; "We would not agree that letters which were written after the date of the application were, for that reason, very poor evidence. Such letters should _ be considered and given such weight as is due to them whatever date they were written." _ The president said the objectors had not made out a case that if the licence were granted suitable transport facilities would he in excess of requirements.