Business Changed, But Licence Granted
Page 40
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UNUSUAL circumstances, explained in The Commercial Motor on April. 23, surrounded the appeal of the Southern Railway Co. against the grant of an A licence to H. R. Coleman.
Originally, Mr. Coleman operated a tanker for the bulk haulage of motor spirit. When his principal customer went into liquidation, Mn Coleman also ceased business (in November, 1935). It was not until August, 1936, that be recommenced operation; then he replaced his tanker by a general-purpose lorry of about half the unladen weight, and used it in districts other than those specified in his original application.
On the facts, the Tribunal found that the business was abandoned in November, 1985, that the area of operation had been varied, 'and that Mr. Coleman intended normally to use his vehicles in districts other than those originally set out. On the other hand, although the evidence was not strong. he did, in the Tribunal's opinion, make out a prima facie case of need.
The fact that an applicant's vehicle had been continuously employed by another firm of hauliers might normally create some risk of a, dual grant, but in this case the likelihood was not sufficiently strong to justify reversing the Licensing Authority's decision.
The appeal was dismissed without costs.