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Tribunal 'Bound to Follow Merchandise'
Page 15
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QUBIVEISSIONS that the North Western iJ deputy Licensing Authority, Mr. A. H. folliffe, had granted an A licence Which was "fettered to such an extent that it was not in effect an A licence at all but resembled a B licence", and that a B licence with provision capable of enforcement should have been granted, were upheld by the Transport Tribunal in London on Wednesday.
An appeal by the British Railways Board, Harry Oates and others—against a six-vehicle Contract A to A licence switch, granted by the deputy Authority to Canton Garage Ltd. of Holywell (Flintshire) with a normal user; " Goods for Courtaulds Ltd.. Cheshire. Wales, Lancashire, Midlands, East Coast, Scotland, London and Southern Counties "—was allowed by the Tribunal.
Mr. G. P. Crowe, for the private objectors, said that an undertaking had been given in the clearest possible terms by the respondents which limited the carriage outwards under the licence of goods for Courtaulds and, bearing in mind the dicta of Lords Justices Sellers and Devlin in the Merchandise appeal, the deputy Authority was bound by judicial precedent. in all the circumstances. to refuse the application. The facts, he submitted, were indistinguishable from the principle laid down in Merchandise, a principle that had been followed by the Tribunal in at least three appeals—H.M.W. Transport Ltd., Davy and Co. (Grange) Ltd. and Ernest Hemmings and Sons. Ltd.
Commenting on the deputy's decision, Mr. Crowe said that Mr. foliate had treated the Merchandise judgment as a decision of the Tribunal—as purely the cxercise of a discretion whereas the Court of Appeal could interpret the law and Acts of Parliament, and such an interpretation was bound to be followed until it was overruled by a higher Court.
The deputy Authority had derived benefit from the Arnold appeal, Mr. Crowe continued, in which the very point that he had to decide did not arise because no undertaking had been given in Arnold. On the other hand. said Mr. Crowe. the Authority derived an interpretation of principle from the Clark appeal decision which was not there.
Mr. A. J. F. Wrottesley, for British Railways. supported Mr. Crowe and said that no B-licence figures had been given, and the Tribunal had said many times that the full picture—and not part or it -should always be given.
Replying to : the arguments, Mr. J. Edward Jones, for Canton Garage, submitted that the ratio of the judgments in Merchandise was that the law would always look on the substance rather than at the form. So far as Merchandise was authority, it was authority for saying that the purpose of the Act was to protect public hauliers 'against competition from private hauliers. The private haulier was a C-licensee and not a person in the category in which Canton Garage found itself-a public haulier.
Should be a B Licence
Giving judgment. Mr. G. D. Squibb. q.c., the president, said that no question arose as to whether an undertaking was given, or something less strong. Prima facie, the Merchandise judgments were applicable and having given the undertaking, the respondents were asking the Licensing 'Authority to create an A-licence subject to a Condition. " The whole nature of the application is• in variance with the nature of an application normally made for an A licence he said. The Tribunal Was bound to follow the Merchandise decision and could not regard it as just being "only one case to be taken into consideration as suggested by the deputy Licensing Authority. If any grant wai` appropriate, concluded Mr. Squibb, it should be a B licence.
'Vital' Bus Bid A N application for a Bradford Moor
Crossflatts through bus route was of vital importance to Bradford Corporation, Mr. F. A. Stockdale told the Yorkshire Traffic Commissioners in Leeds last week. It was, he said, its first conversion from trolleybuses to motor buses and if a private operator could come and " nibble " there would be many lengthy inquiries before the Commissioners. Other applications would follow on the present one and their attitude towards them would depend on their attitude to this one, he said.
The application was opposed in part by the West Yorkshire Road Co. Ltd.
Major F. S. Eastwood, chairman, said the Traffic Commigsioners would reserve their decision.