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"B-licensees Have Five Years to Live"

3rd July 1936, Page 27
3rd July 1936
Page 27
Page 27, 3rd July 1936 — "B-licensees Have Five Years to Live"
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Which of the following most accurately describes the problem?

Keywords : Backhouse, Prima Facie

A COMPLAINT that the present tipolicy of the Licensing Authorities would drive B-licence hauliers out of business in five years was 'made to Sir William Hort, North Western Deputy Licensing Authority, in Manchester, on Tuesday.

Mr. H. Backhouse complained that the whittling down of the transport facilities of this class of haulier was never intended by the Act. Prima facie, he held that there should be a case for a new licence on the terms of the old one, and he did not appreciate that there was any necessity of proving need on renewal, whether far the class of goods carried or the distances over which they are hauled.

Sir William Hart replied that he had to bear in mind what the applicant had been authorized to do, and find out what be had actually done. He started with a mental presumption in favour of renewal. Mr. Backhouse: " With all due re. spect, you may intend to do that, but that is not what you do. That is the mental presumption for which I have asked. If you will demand from the railway company, or other objector, the same weight of evidence for varying a licence downwards, as you require from applicants for varying a licence upwards, I • am content. But you don't."

Sir William Hart: "No, I probably don't."'

In the case before the court, Mr. Backhouse submitted that the evidence for the applicant was considerably stronger for an increased radius than evidence given by the railway companies, on which there had been a reduction of facilities.

Sir William Hart granted an increased radius in this case, hut made no ruling, such as Mr. Backhouse asked for, as to what evidence was necessary,


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