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W. Midland Continental Tours

5th April 1963, Page 48
5th April 1963
Page 48
Page 48, 5th April 1963 — W. Midland Continental Tours
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Which of the following most accurately describes the problem?

THERE is no need for operators to put in applications that seek to enlarge

their empires by trying to protect against non-existent opposition." That was one of several interesting observations made by the West Midland Traffic Commissioners in a decision on a Continental tours renewal application, with modifications, made recently by G. H. Austin and Sons Ltd. • As reported in this journal last week, the Commissioners, under the chairmanship of Mr. John Else, renewed the licence for certain tours starting from Kidderminster, but for one year only. They restricted the duration of the licence because of an apparent breach of vehicle allowance conditions on the licence. (They actually indicated in their decision that they were in "very grave doubt" as to whether the licence should be renewed). • The licence in question was originally held by Wrights of Kidderminster.' Austin took it over without opposition about a year ago, at which time the licence was

"moribund it having not been operated by Wrights for some two years.

By reason of the vehicle allowance, and in particular the terms of the licence, the facilities allowed were of a limited character.

Austin's recent application sought to transform the licence into "something of an entirely different character "—to use the Commissioners' own words. The company sought to increase the pickingup points and catchment area by adding Malvern and Bromsgrove; to increase the vehicle allowance potential substantially by amalgamating it with the main licence, using the "overlap clause "; and Austin also sought to add two new Continental destinations—Austria and Spain.

Backed by the Minister's decision in the Foxall Appeal. the Commissioners considered it not to be unreasonable for passengers to have to journey from the Bromsgrove area to either Stourbridge, Kidderminster or Birmingham, to join existing licensed Continental tours. They considered, further, that no real attempt had been made by the applicants to justify a picking-up point at Malvern, and that there was no evidence to justify an increase in vehicle allowance or for the grant of the two additional tours destinations.

It is hardly necessary to say that the. modifications sought were refused, but the Commissioners gave Austin a hint on how the situation might be dealt with. They suggested that the best way of dealing with traffic for Continental tours from the area was by means of a suitably conditioned feeder service, starting from Worcester and picking up at Kidderminster and Stourbridge, linking with Austin's main licence in a similar manner to two feeder services already operated by the company.

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After issuing a serious warning to Austin, and a general warning to other operators in the area, about vehicle allowance breaches, the Commissioners also made their views known about operators who advertise facilities in the Press before they have been granted those

facilities. Whilst such advertising was not illegal, they said, it was "very wrong indeed ". It could only resultin damage to the operator. "If the public are induced to believe what an operator says and find it is not true, then only dissatisfaction can ensue," they continued.

The Commissioners ended their decision with some general comments about Continental tours. I can do no more than to quote them verbatim.

"The Commissioners have got very strong feelings that a lot of applications are being made in connection with Continental tours, not because of a public need of facilities, and not because the public are asking for the facilities, but because the operators want to see one of two things, or perhaps both. First, to increase their Empire, or, perhaps more important, to try to provide some form of exclusion or protection from the entry of other operators into this field. The Commissioners are here to provide protection against unreasonable and unfair competition. They gave an illustration of their willingness to do that in the Foxall case, and they were supported by the Minister in that view."

Well spoken, sirs.


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