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Tribunal Allows Appeal T HE Appeal Tribunal has allowed the appeal

28th March 1947, Page 30
28th March 1947
Page 30
Page 30, 28th March 1947 — Tribunal Allows Appeal T HE Appeal Tribunal has allowed the appeal
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Which of the following most accurately describes the problem?

by Mr. N. B. Criswell against the refusal of the Eastern Deputy 'Licensing Authority to grant him A licences for two vehicles of 3f tons each.

The application was made by the appellant as successor to his mother, Mrs. Nellie Criswell, who, at the outbreak of war, held A licences for two vehicles of a total of 5 tons. Early in 1940 she ceased to run the vehicles, and in August of that year made an arranement with a local firm by which they operated the two machines for some time under Mrs. Criswell's licences. Mr. Criswell, who was said to manage his mother's business, was shortly afterwards called up for military service.

In applying for A licences, the appellant relied on a letter from his mother, stating that if they were granted, she would not apply for licences in respect of the business carried on by her before the war.

The Deputy Licensing Authority stated that the appellant had already obtained two Contract A licences, and, having regard to the past history of the case, he did not feel justified in granting A licences for two more vehicles.

The Tribunal overlooked the irregular nature of the arrangement made in 1940 and authorized the use by the appellant of two vehicles not exceeding 3 tons each. In its written decision, the Tribunal alludes to a recent appeal by J. F. Lloyd, in which reference was made to grants by Licensing Authorities on principles analagous to those underlying Section 6 (2) (a) of the 1933 Act.

On April 1 the Tribunal will hear the appeal of Messrs. Storey Bros. against a decision of the North-Western Licensing Authority: and on April latn appeal by the L.M.S. Railway Co. against a grant by the North-Western Deputy Licensing Authority to the Hutton Motor Co., Ltd


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