Advocate calls for default payments
Page 39
If you've noticed an error in this article please click here to report it so we can fix it.
• Mr. G. H. P. Beames, well-known advocate in the North Western traffic area, last week called on the Transport Minister to introduce default payments or give Licensing Authorities power to award costs where applicants failed to turn up to public inquiries or attended but produced no evidence.
He was appearing before Mr. A. H. Jolliffe, deputy LA in Manchester, on behalf of four objectors who had come from Winsford. Chorley and Blackpool to oppose an application for a new two-vehicle B licence by D. Bayley (Macclesfield) Ltd. to carry caravans in England, Scotland and Wales. Mr. A. A. Potts, secretary of Bayley, said it had a transporter in connection with its caravan distributing business and periodically received inquiries for general haulage of caravans. However, he had no witnesses or written evidence.
Pointing out that this was the only case in the list, Mr. Beames told the deputy LA: "You have come to preside, I to represent the objectors and four objectors have wasted their time and expense has been incurred because of Mr. Potts's failure to peruse the letter sent to every applicant by your office."
The case highlighted a. great shortcoming in the Act, he said. He felt applicants should be required to lodge a default payment which could be subject to forfeit if they failed to pursue their case. He felt this should be brought to the attention of the LAs at their next meeting. Such a payment might per
suade people from making frivolous applications. Alternatively, he suggested that the LAs should suggest to the Minister that the judiciary presiding should be able to award costs.
"If there was an Act of Parliament that would severely penalize people, such a situation as this might never have occurred," he concluded.
Mr. Jolliffe said Mr. Beames's remarks would be brought to the attention of the LA and tie refused the application.