Another Successful Appeal
Page 48
If you've noticed an error in this article please click here to report it so we can fix it.
THE Appeal Tribunal, sitting at Exeter last week, heard the appeal of Mr. E. C. Fry, of Northam, against a decision of the Western Area Licensing Authority in refusing to grant him an A licence. The application had been refused at a sitting of the Licensing Authority, held at Barnstaple, and the grounds of appeal were that, bearing in mind the needs of the district, the number of hauliers was limited when compared with the number of firms and persons requiring facilities, that the Licensing Authority did not take sufficiently into account the interests of the public generally, or of the applicant, and that there were no objections to the application.
It was argued that, if the application had been successful, it would have E34
been of great benefit to employers of haulieis in the district, and that othei hauliers would not have suffered.
Counsel for the appellant sought permission to call two new witnesses. Thereon the chairman of the Tribunal pointed out that it should be made clear that an applicant seeking a licence had to present all the evidence available to support his application to the Licensing Authority. "We are not a Licensing Authority," he added, "and appeals are not new trials."
The appellant's father-in-law, a builder of Northam, said Mr: Fry had done work for him on several occasions. There were five other operators in the district he had in mind Serving, and one of them had been granted an additional B licence after Mr. Fry's ap
plication had been refused. He further stated that business in the district had improved to such an extent that hauliers were kept well occupied and were not always available to transport materials when required, this state of affairs having been increased since Mr. Fry was refused a licence. The work he had given to Mr. Fry had not been taken from other operators.
The manager of a firm of timber merchants of Barnstaple also spoke of the improvement in trade and of the difficulty of securing hauliers when they were needed.
In announcing the decision of the Tribunal, the chairman said there was evidence of a need for further haulage facilities in the neighbourhood, and the appeal would be allowed.