Minister Allows Happivvay Tours Express Licence Appeal
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AN appeal by Happiway Tours (Manchester) Ltd. against the decision of the Yorkshire Traffic Commissioners, refusing to grant a variation of an express carriage licence, authorizing a service between Bradford and Manchester, has been allowed by the /vtinister of Transport.
The appellant sought to extend the period of an authorization which, had been granted for 1961 only.
The Minister has examined the arguments as to whether the appellant had complied with the conditions of its licences, especially those to the effect that passengers were to travel in "aircraft chartered by the licence holder ". He accepts that "charter service " has a precise meaning in the Civil Aviation Licensing Regulations and that this meaning did not fully accord with the facts of the appellant's arrangements to use the aircraft. • On the other hand, the Minister went on, it was not clear from the wording of the condition that it was to be interpreted in a like manner to the Regulations. Moreover, the word "chartered" on its own is open to different interpretations, and in particular could be held to cover the appellant's arrangements. The Minister is not therefore disposed to accept the Commissioners' arguments on this point.
On the question of need, the Minister is not convinced that the traffic offering could be suitably accommodated by the service to Ringway operated by Wallace Arnold Tours Ltd.
As regards the overall carryings, the Minister feels they are not unpromising and are certainly sufficient to warrant a further extension. In the light of the evidence, however, he considers that a renewal for three years would not be out of place.