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Revocation order was 'too severe'

3rd August 1989, Page 94
3rd August 1989
Page 94
Page 94, 3rd August 1989 — Revocation order was 'too severe'
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Which of the following most accurately describes the problem?

Beckside Haulage of Brighouse, Yorks

• THE REVOCATION of the operatoes licence of Beckside Haulage Ltd by the North Eastern Deputy LA has been quashed by the Transport Tribunal, which decided that the appropriate order is to prematurely terminate the licence on 31 September 1989.

"We are confident," says the Tribunal in a written judgment, 'that the Licensing Authority will ensure that another fleet inspection is carried out as close as possible to that date and that its findings will be taken into account in deciding whether to grant any application for a new licence.

"The applicant must recognise that it is most unlikely to have a second chance if a further fleet inspection results in any immediate prohibition notices, particularly if marked 'N' for neglect'.

The Tribunal has also granted the application for variation of licence. "There was no evidence," it says, to suggest that Unit 13, Branskholme Industrial Estate, Brighouse, was unsuitable for use as an operating centre, as defined by Section 32(1) of the Transport Act 1982, for four vehicles and three trailers.'

The Tribunal describes the order for revocation as "too severe".

• A fuller report of the Tribunal judgment will appear in the next edition of Legal Bulletin.


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