Was Licence in Existence ?
Page 34
If you've noticed an error in this article please click here to report it so we can fix it.
AN interesting point with regard to " transfers " under Section 11 (3) of the 1933 Act was made at Liverpool, on September 25, when Mr. W. C, Jenkins, 43, Southdale Road, Rock Ferry, Birkenhead, applied before the North-Western Deputy Licensing Authority f:Dr an A licence for a 21-ton vehicle, on taking over the business of Mr. G. H. Billing.
Mr. G. H. P. Beames submitted for the railways that there was not a business capable of transfer under the Boston Haulage appeal ruling.
Mr. V. R. Shepherd, for Karriers Parcel Delivery Co., said the position might well be considered under Regulation 21 of the Motor Vehicles (Licences and Prohibitions) Regulations, which provided that if a holder ceased to operate during the currency of a licence, he should return it to the Authority for cancellation within five days.
Ittf that requirement had been complied with, the licence would have been automatically cancelled. It had, therefore, to be considered whether there was an existing licence Within the terms of Section 11 (3) (b). He contended that the licence, by reason of Regulation 21, had, in effect, become non-existent.
r For applicant, Mr. Lee said that the evidence he had given satisfied the four points of the Boston Haulage case. In regard to Mr. Shepherd's contention, he submitted that the application did come within Section 11 (3) (b), and, concerning the question of notification, he would point out that his (Mr. Lee's) firm had notified the Authority as far back as May 5 last. The business was definitely in existence at that time and if applicant had not bought it, Mr. Billing could have found another purchaser.
Decision was reserved.