NO SUSPENSION UNDER SEC.
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9 .(4) WITHOUT CONVICTION
A T Bristol on Monday, Mr. S. W. Nelson, Western Licensing Authority, r-k said he would not be happy about suspending or revoking a licence under Section 9 (4) of the 1953 Act [for wilfully making a false statement to secure a licence] unless he was fortified by a conviction in the magistrates' courts.
Mr. J. R. Samuel-Gibbon, for the British Transport Commission, alleged that F. Whittock, Ltd., Bath, last year made a false statement at a public inquiry. The company, represented by Mr. Gordon McMurtrie, applied on Monday for an A licence for 23 additional vehicles (81 tons 3 cwt.), including seven (27 tons) to be acquired.
• Hearing " Premature "
Mr., Samuel-Gibbon said that at an inquiry on August 29, 1955, when the applicants were granted three vehicles on an A licence, they made a false statement. It was, he submitted, premature for Mr. Nelson to hear the present . application before having reached. a decision on the alleged false statement,
At present, counsel continued, F. Whittock, Ltd., held a B licence for 15 vehicles, including three granted with • out a public inquiry on August 2, 1955. He submitted that on August 29 the applicants said that they were unable to meet existing demands with the three additional vehicles.
Two of those three vehicles had, Mr. Samuel-Gibbon claimed, not even been specified on the licence at the time. Further, the figures submitted showed that 13 vehicles were being operated when only 12 could have beet specified on the licence.
Mr. T. D. Corpe, for three road objectors, associated himself with Mr. Gibbon's remarks. Mr. MeMurtrie, in reply, said that his clients had not been advised that this point was to be taken and he asked for an adjournment.
Case Adjourned Mr. Nelson agreed it was unfortunate that neither he nor the applicants had been given notice of the point. It was decided that a shorthand note of the original proceedings' would be ordered by all parties and if the Licensing Authorities relisted the present application, the parties would understand that he was not satisfied that a prima facie case had been made out against the applicants.
SUSPENSION INQUIRY PUT OFF H E West Midland Licensing Authority was to have held an inquiry at Birmingham on Tuesday to decide whether to suspend or revoke the B licence of Mr. W. Bullock on the ground that he wilfully made a false statement to obtain it. It was announced that the case had been adjourned until a Friday session in the near future.