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L.A. was 11 Years Out of Date Tribunal is Told

24th April 1964, Page 34
24th April 1964
Page 34
Page 34, 24th April 1964 — L.A. was 11 Years Out of Date Tribunal is Told
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Keywords : Law / Crime

'THE Transport Tribunal, sitting in London on Tuesday, reserved its judgment in an appeal by H. and A. Trotter, of Penrith, against the refusal of the Northern Licensing Authority, Mr. J. A. T. Hanlon, to grant a new B licence specifying a Vacuum tanker conditioned: "Farm effluent, sewage and contents of septic tanks within 30 miles of Penrith."

For the appellants, Mr. R. M. Yorke said that the L.A. had misdirected himself as to the principles of road haulage licensing and had misunderstood and failed to comprehend what had, in fact, been proved by the appellants, with the inevitable result that he applied the wrong law to the wrong facts and came up with the wrong answer.

The L.A. in his decision, continued Mr. Yorke, said it had been laid down that newcomers must not only show that people were willing and able to employ them, but they must show that the work could not be done by existing hauliers.

"He is precisely 11 years out of date ", Mr. Yorke submitted. "That was the

law under Section 11 of the 1933 Act which was specifically changed by Section 9 of the 1953 Act." Having got the law wrong, this vitiated his decision, he added.

The appellants set out to show a substantial and certain future need for the collection of farm effluent, brought about by the passing of the 1961 Rivers (Prevention of Pollution) Act and there had never been any suggestion that licences could not be granted in respect of future need. A large number of witnesses were called and a clear prima facie case had been made out by the appellants, he submitted.

For Sludge Disposals Ltd., Mr. G. P. Crowe said that it might well be several years—perhaps the full duration of a licence—before the real impact of the new legislation was felt. Rates had been an important matter in the case and apart from one witness, none had asked for quotations from the objectors. The Authority had been right to refuse the application on the basis that the need was far too vague, he added.


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