Transfer Application Dispute
Page 55
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TEE refusal of a transfer of a licence from Messrs. Curtis Tours, Manchester, to Curtis Tours, Ltd., by the North-Western Traffic Commissioners, was the subject of an appeal heard in Manchester on Tuesday.
Mr. E. Crosfield Pearson, for the appellant, explained that the Curtis concern had been in existence since 1908 and had a connection with the Fingland company since 1928. Mr. Curtis died in 1931 and Mr. T. McLain, who was then manager, took over and was granted the licence, which had since been automatically renewed for excursions and tours to the number of 113.
Being short of capital, Mr. McLain turned to Eingland's and an application was made in 1935 to transfer the licence to the latter. This was refused, the Commissioners stating that " it does appear that there is an undesirable form of bartering in licences." Thinking that it was, perhaps, due to the form in which the application had been made, that it had been refused, another application, the subject of the present appeal, was made, whereby the capital was to be found by Mr. McLain, Mrs. Fingland and Mr. C. Y. Lloyd, the latter two both being directors of the Fingland company in their private capacity. "
Commenting on the refusal of this application, Mr. Pearson said that Mr. McLain still held 'his licence, but apparently the Commissioners objected to anyone else helping to row the boat. Had the concern been made a limited liability company when Mr. McLain took over, this question would never have arisen. Was he to be penalized as an individual for doing something which he might have done as a company ?
Mr. R. R. Smyllie, for the railway respondents, submitted that the Commissioners had all along dealt sympathetically with Mr. McLain.