Each Case Must Be Heard on its Merits .
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APPEAL decisions by the, Transport Tribunal must not be regarded as establishing hard-and-fast principles for use in every case, Maj. F. S. Eastwood. Yorkshire Licensing Authority, said last week. Their decisions were related to the circumstances of a particular inquiry, and each new case must he judged on its merits.
Maj. Eastwood made these remarks after hearing an application by Mr. J. Harper, East Cottingworth, York, to take over the business of Mr. K. Winn, Pocklington, in respect of two A-licence vehicles.
Mr. R. E. Paterson, for Mr. Harper, said that although the application was for two vehicles, one of them had not been licensed since 1950, and provision had been made in the agreement for the possibility of only one vehicle being granted. As a result of ill-health, Mr. Winn's business discontinued altogether in November, 1956, and although an application was immediately lodged under section 11 (3) (b), there were unavoidable delays caused by rationing. The main work was general goods within 25 miles of Pocklington, and furniture removals.
Mr. T. B. Atkinson, for the British Transport Commission, said they were objecting to the addition of livestock to the normal user, in view of the Williams appeal decision. Livestock transport had not been part of Winn's regular work and they would again object on renewal unless the figures justified it.
Mr. Paterson submitted that this was an A licence and, in any event, livestock had been carried on occasion in the ordinary way of general business. Maj. Eastwood granted a licence for one vehicle, with a normal user. as sought.