Appeal Dismissed: Respondents Not Called
Page 28
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WITHOUT calling on the respondents VV to reply, the Transport [Appeal] Tribunal on Tuesday dismissed an appeal by Mr. A. G. Allen, 1 Upper Stone Street, Maidstone, against the South Eastern Deputy Licensing Authority's refusal to grant him a twoyear B licence for four vehicles within a radius of 25 miles.
The respondents were the British Transport Commission, Messrs. W. Manser and Sons, Mr. J. C. Wells and S. E. Thomas and Son, Ltd.
Mr. Allen said that two concerns had given him considerable sea-defence work. When the short-term licences granted for this haulage were about to expire, he received another short-term licence to carry building and construction materials.
The British Quarrying Co. immediately began to employ him and in six days they paid a total of £54 for carrying road materials. They also asked what vehicles Mr. Allen would be able to supply, as they expected a large increase in the volume of their business. Mr. Allen submitted that the respondents were unable to afford the service
that he wished to give the British Quarrying Co. They admitted that they had no transport to spare, but said, in effect, that if the customers formed a queue. their work would be done in due course.
"This is against the spirit of the 1953 Transport Act," said Mr. Allen, who also stated that he had been asked to move 30,000 cu. yd. of clay for another concern.
Dismissing the appeal, the tribunal said the evidence had shown that there was an overwhelming availability of transport in the area. Mr. N. L. Macaskie, Q.C., a member of the Tribunal, reminded Mr. Allen that the Licensing Authority had offered a short-term licence for the clay haulage and suggested that he look advantage of it.
When Mr. Allen obtained his shortterm licences, continued Mr. Macaskie, there was a large amount of sea-defence work in the region of the Thames Estuary and the Medway, and nearly every haulier in the area had his tipping vehicle employed on it. He added: "Long-term licences are not granted on emergency conditions."