Appeal Rulings Wrongly Interpreted
Page 31
If you've noticed an error in this article please click here to report it so we can fix it.
IN allowing the appeal of Mr. Alfred Kelsall against the 1 refusal of a B licence, the Appeal Tribunal finds that the West Midland Deputy Licensing Authority wrongly interpreted several of the Tribunal's earlier decisions. The reason why the Tribunal disagrees with his views are set out at length in a written decision issued this week.
In 1945, Mr. Kelsall bought for £500 the Bedford 2-ton lorry and the haulage business carried on since 1934, under a B licence, by Mr. George Wilshaw, of Stoke-on-Trent. A sum of £325 was paid for the vehicle and £175 for goodwill. 'Mr. Wilshaw was a coal merchant who also ran a haulage business, including the transport of furniture and household effects.
The West Midland Regional Transport Commissioner (as he then was) granted a permit after investigating the case, but when, last year, Mr. Kelsall applied for a B licence in its stead, this was refused. The original lorry had been destroyed by fire and had been replaced by a Luton van, which, in turn, bad been replaced by another somewhat larger.
Mr. Kelsall himself carried furniture and increased his turnover of this traffic from £855 in the 11 months ended September 30, 1946, to £1,638. in the II months to August, 1949.
The Deputy Licensing Authority refused the licence for several reasons, one of which was that he thought Mr. Kelsall had changed the nature of the business which he had acquired, "if, in fact, he acquired any business at all." He therefore treated the applicant as a newcomer.
The Tribunal says that the Deputy Licensing Authority's decision was founded largely, if not entirely, on the assumption that no haulage business was purchased and that, even if one had existed, it could not have included furniture removals, because the original Bedford lorry "could not cope with such work."
In the Tribunal's view, a small haulage business, consisting mainly of furniture removals, was purchased and the " transfer " in 1945 was investigated. The increase in Mr. Kelsall's removals traffic was legitimate and did not involve a complete change in the nature of his haulage business.
N.A.L.G.0.—R.H.E. TALKS
nISCUSSIONS took place on August
16 bctween the Road Haulage Executive and the National Association of Local Government Officers on the question of the representation on -the R.H.E. negotiating committees of N.A.L.G.O. administrative and clerical workers. A spokesman of N.A.L.G.O. declined to comment on the outcome of these talks.
LOCAL TRAFFIC CENSUSES nURING the next few weeks local
traffic censuses will be made. Drivers will be stopped and asked their starting points and destinations. The information is needed to assist in deciding the future layout of roads.