Who Should Vary a Licence ?
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AN applicati.m by the E. J.K. Transport Co., Ltd., Rotherham. for a variation of an A licence by the substitution of three vehicles (7 tons 9 cwt.) for four machines (11 tons 17 Cwt.) was refused by Sir William Hart, the Yorkshire Deputy Licensing Authority, at Doncaster, last Friday, on the ground that no evidence of demand had been adduced.
The company held a licence for seven vehicles (21 tons 8 cwt.) up to April 26 when the Authority removed four vehicles, and the present application was to add three new vehicles, which would make the total weight 18 tons 11 cwt. for six vehicles, instead of 21 tons 8 cwt. for seven. The company carried principally furniture and small articles (chiefly Japanese goods) between London, Lancashire and Glasgow. There was only one other concern running a daily trunk service on that route.
Mr. Leslie Bailey, manager of the E.J.K. company, stated that his customers told him that they did not use the railways because of the pilfering and breakage of goods.
The West Riding Transport Co., Ltd., which it was stated, took over the vehicles and business of the E.J.K. concern some time ago, objected that the latter had no base in Rotherham, the vehicles being stationed in Lancashire, London or Glasgow. The London, Midland and Scottish Railway Co. raised the preliminary objection that the applicant must seek the variation in the North Western Area.
For the applicant, it was agreed that, if the company were making application de novo it would have to be made elsewhere, but the Licensing Authority by whom a licence was granted (the Yorkshire Authority) was the only Authority who could vary it.
Mr. J. Merritt, for the L.M.S., said that there were two courses open to the applicant. The company could apply for a variation, and he submitted that the application was bad for the reason he had given, or it could apply in the North Western Area for a new licence for the three vehicles. Ile did not think the law ever intended that a man, obtaining a licence in one area, should post vehicles all over the country and apply for a variation in the one area in respect of vehicles situated in different areas.
Sir William. overruled the objection.