Business Lapsed : No Reinstatement
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AT Liverpool on Tuesday, Mr. I. R. Lindsay, North Western Deputy Licensing Authority, refused to accept that special circumstances in livestock haulage and dealings making it impossible to re-establish an A-licence business (which had been allowed to lapse in 1942) after the ending of meat control in 1955, was a good ground for the reinstatement of the licence in the previous holder's family.
The British Transport Commission; J. R. Threlfall and Sons, Liverpool; Rigby and Co. (Liverpool), Ltd.; M. Ellison, Liverpool; G. F. Wood, Liverpool; and S. 'Leers (Transport), Ltd., Childer .Thornton, objected.
Mr. J. Edward-Jones, for the applicant, Mr. P. J. Riley, Kirkby, Liverpool, said that the family had been in the livestock and haulage business for many years. The applicant's father, assisted by his five sons, obtained orders for meat in Liverpool and then purchased beasts in North Wales and Scotland on behalf of his principals, and transported them to Liverpool, charging for transport and commission.
In 1939, he had two vehicles on A licence, but by 1942 the sons were called up and the business came to a standstill. Because of the unusual nature of the business, it was impossible to get it going again properly until after meat control ended.
The father died in April, 1955, and the business went to his wife, who died in September, 1955! Legal difficulties delayed the sons' arrangement of their affairs. The present application was by one son only, the others having taken over the dealing side or the business. The vehicle had been purchased by the applicant and was at present transferred to the other brothers and operated under C licence.
Mr. G. P. Crowe, for the road objectors, said that the applicant had never held a licence and it was 15 years since the father's licence was in existence. The family were aware in 1946-47 of their rights and chose not to exercise them.
The brothers were not now agents and their carrying could be done under C licence. It would be ludicrous to grant a licence in 1956 for a business in existence in 1942.
Mr, Edward-Jones submitted that it was quite fair, that the family should he reinstated. The gap had arisen because of controls, sickness and the special conditions of the business.
Mr. Lindsay said that no real effort had been made to stake a claim, and the application must be refused.