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Lucky to Get Licence—Tribunal

28th November 1958
Page 45
Page 45, 28th November 1958 — Lucky to Get Licence—Tribunal
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Which of the following most accurately describes the problem?

ADUNDEE tipper operator who appealed to the Transport Tribunal against restrictions imposed on a new B licence, was told in Edinburgh, last week, that he was lucky to have been granted a licence in the first place. Mr. Alexander V.'Clunie, St, Kilda Road, Dundee, admitted that he had operated without a licence for some time before applying to the Scottish Licensing. Authority.

On his behalf, Mr. D. W. R. Bland said he asked for a B licence with a 25mile radius to cover a three-way tipper for the carriage of road building materials and plant. However, in making' the grant, the Authority had reduced the radius to 15 miles and had stipulated six customers.

At the hearing, the British Transport Commission and two private hauliers objected on various grounds, such as that

facilities would be above requirements. Yet the evidence established a need for a particular. service, and it showed that no other operator had a three-way tipper for the work envisaged.

Mr. Clunie had proved that the services he intended to provide were not already in existence, and the objectors had failed to rebut this. • As Mr. Bland was going over the evidence,Mr. Hubert Hull, chairman, drew, his attention to Mr. Clunie's evidence at the original hearing. Mr. Clunie had stated that before acquiring the tipper he had operated a platform lorry, and Mr. Hull wondered. if he held a licence for it. Mr. Clunie replied that he did not. Mr. Hull then pointed out that, according to the evidence, Mr. Clunie had also operated the tipper without a licence for three months.

Mr. Bland agreed, but said Mr. CluDie was rather ignorant of licences and licensing procedure. To this, Mr. Hull remarked: "1 think your client was rather lucky to get anything."

Dismissing the appeal; he said: "We think he should consider himself very lucky that there has been no cross-appeal. By his own admission Mr. Clunie had been breaking the law. No encouragement should be given to people who think they can disregard the law and meanwhile apply for a licence -so that past offences can 'be made regular in the future."