Appeal Lords Uphold Tribunal
Page 40
If you've noticed an error in this article please click here to report it so we can fix it.
AN appeal by a Silloth (Cumberland) haulier against a judgment of the Transport Tribunal which had confirmed a revocation decision of the Northern Licensing Authority, Mr. J. A. T. Hanlon, was dismissed by the Court of Appeal in LoadOn on Wednesday. Giving judgment, the Master of the Rolls, Lord Denning, said that whilst he agreed that in any administrative or judicial tribunal there must be notice of a " charge " and the person concerned given a fair opportunity of being heard, nevertheless that notice need not be in any particular form.
Mr. Richard Yorke. for the appellant, W. L. Pattinson, submitted that there had been a failure of natural justice. His client had had a one-vehicle A licence revoked last August for three reasons: not fulfilling a statement of intention with regard to base; previous convictions, including a £50 fine for speeding; and not adhering to his normal user. He had received formal notice of the first two matters, but not of the third.
On appeal, the Tribunal had decided in Pattinson's favour on the first two points, but decided that the licence should be revoked on the "normal user" ground.
Mr. Yorke submitted that it was not sufficient for the Authority to have told Pattinson at the hearing: "I am going to inquire into this ". He should have been given notice of the purpose of The inquiry. If the appellant had received notice only about two of the matters, only those matters should have been dealt with.
Lord Denning, in his judgment, said it was quite plain that from the beginning of the proceedings before the Authority the question of normal user was present in everyone's mind. Mr. Pattinson's solicitor had made no objection wkn the decision was given, had taken ro exception to it whatever in the notice of appeal to the Tribunal, and the point was not taken before the Tribunal.
Lords Justices Danckwerts and Diplock concurred with Lord Denning.
VALLEY CARRIERS GET 12 ON B LAST week, Valley Carriers Ltd., of Sully, Glamorgan, were granted permission by the South Wales Licensing Authority to add 12 vehicles to their B licence, to carry goods for Distillers Plastics on behalf of British Geon Ltd., British Resin Products Ltd. and Distrene Ltd., as required. The conditions will be the same as on the existing licence. Originally the application had been opposed by British Road Services, but after discussions they withdrew.