Railways Arrogate Inquiry Rights A PROTEST against the railways king upon
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themselves the duties of the Licensing Authority was made by Mr. T. D. Backhouse, at a sitting of the North-Western Deputy Licensing Authority, • at • Chester, when . .Mr. William Maxwell, 3, Marian Villas, Rhuddlan, applied for an A licence to carry general goods. It was also argued for an objector that a man need not necessarily have a trade Or business of his own in order to hold a B licence.
Mr. Backhouse said that the applicant commenced in September, 1934, and in May or June, 1935, the only carrier in Rhuddlan ceased operating. He alleged that this carrier still held a licence, which the Authority could recall under Section 10 of the 1933 Act. Mr. Maxwell had since been carrying for this man's customers.
Although the work was local, he considered the applicant ineligible for a B licence, as he had no business of his own. Whilst an A licence was unrestricted,' he was willing to give an undertaking, for future reference if necessary, that he intended doing only local work.
When Mr. P. Kershaw, for the railways, commenced cross-examining the applicant on the reason for his nonappearance at a previous sitting, Mr. Backhouse protested. " It does not
concern the railways in the slightest," he said, "why this man did not attend. You,#in yciur capacity as Licensing Authority, are entitled to inquire into suchmatters if you so desire, but the railways are not entitled to take upon themselves the duties of the Licensing
Authority." The , point was not pursued.
Mr. Kershaw said that the railways were indirectly concerned, because at Rhyl, only three miles away, there were 29 A-licence hauliers, at Abergele, 12 miles away, three, and at Kinmel Park, three.
A railway representative called gave particulars of vehicles at vAlrious points and said that three vehicles made regular journeys between Rhyl and Rhuddlan.
Quoting an instance of coal and coke , cartage for about 200 yards from the station, Mr. Backhouse asked whether the witness would bring a vehicle from Rhyl, three miles away, to carry this traffic. Witness said that solid-fuel rates were quoted as between stations and cartage charges were extra. He did not agree that these charges would include the vehicle's journeys from and to Rhyl, but admitted that the cost would have to be borne somewhere.
For A. E. Handscombe and Co. and the Flintshire Haulage Co., Mr. V. R. Shepherd contended that no prima facie case had been made out. He suggested that Mr. Backhouse's contention regarding B licences was completely upset by the word " any " in Section 2 (3)„ If a B-licence applicant had to have a business of his own, he argued, the word would have been " the." Under the section dealing with.. A. licences there was a difference, and it was obviously open for a man to apply for either an A or B licence.
Decision was reserved.