Gerrards Appeal Succeeds: Not Newcomer 41 2 desire to emphasize that we
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have decided this case in the way we have because of the very exceptional circumstances connected with it," stated the Appeal Tribunal, in announcing its preliminary decision, at Preston, last, week, on the appeal of Gerrards Transport, Ltd., against the refusal of A licences by the NorthWestern Deputy Licensing Authority. The Tribunal had, it was stated. reached the conclusions upon which its decision was based.
As reported at length in our issue dated May 15, Gerrards Transport, Ltd., is a subsidiary of J. Gerrard and Sons, Ltd. ; the latter concern carried, to a considerable extent, for hire or reward during the basic year. The subsidiary company was formed solely for haulage work.
The case presented to the Appeal Tribunal was that, in the special circumstances, the Licensing Authority should have had before him facts regarding J. Gerrard and Sons, Ltd., and should have granted tonnage at least equivalent to that claimed by J. Gerrard and Sons, Ltd.
The respondents held that the appellant should not be regarded as successor to any part of the haulage business formerly carried on by J. Gerrard and Sons, Ltd., and that the company was a newcomer.
In the special circumstances, the Tribunal held that Gerrards Transport, Ltd., should not be regarded as a newcomer, hut, as successor to the former haulage business of J. Gerrard and Sons, Ltd., should have been granted A licences. During the basic year J. Gerrard and Sons, Ltd., had 111 tons and 79 per cent. of the tonnage carried was for hire or reward. There had been no substantial change in the business since that date.
After analysing the evidence, the Tribunal awarded the appellant 100 tons 6 cwt. under A licences. The appeal was allowed, with 236 10s. costs.