Youthful haulier's ambition achieved
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• The Transport Tribunal this week dismissed the appeal by Knowles Transport and others (CM July 11) against the decision of the Eastern LA, Mr, H. E. Robson, to grant a B licence for a 3-ton flat to Phillip Hatton, conditioned fruit and vegetables within 150 miles of base (Wisbech St. Mary), for three named customers, Mr. T. R. Coleman, Mr, F. C. Jude, and Mr. J. E. Brackenbury.
The Tribunal said the appellants' grounds of appeal were that the LA's decision was based on sympathy and not on evidence, that Phillip Hatton, now 20, was not a fit and proper person to hold a carrier's licence.
The Tribunal continued by saying that the respondent's conduct was "certainly not beyond criticism". Nevertheless the LA, who had the advantage of seeing and hearing the respondent giving evidence, said at the inquiry that any illegal operations were not purposely carried on but were due to inexperience and ignorance of the licensing law. "He struck me as an honest young man genuinely endeavouring to provide within his limitations a satisfactory service... ,", said the LA.
"While a consideration of the written material before us by itself might have led us to a less favourable conclusion, we do not consider that it would be right for us to refuse to accept the LA's assessment of the respondent as an honest young man. On that basis we would not refuse him the opportunity of achieving his ambition to set up in business as a haulier because of his intitial inexperience and ignorance of the licensing laws", said the Tribunal.
It concluded by saying the LA exercised his discretion properly but had no doubt that the LA would pay close attention to the respondent's future operations and take appropriate action if he should again operate outside the conditions of the licence.