Merchandise decision 'irrelevant'
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rr HE Transport Tribunal has dismissed
the appeal of H. Hewitt and Co. (Haulage) Ltd. against the refusal of an A licence by the North Western deputy Licensing Authority (COMMERCIAL MOTOR, July 15).
The Tribunal holds that the deputy LA was not constrained by the Merchandise Transport decision to grant a B licence instead of an A licence because Hewitt sought only to carry for one group of companies. "Approaching the matter afresh, not so fettered, we find ourselves in agreement with the conclusion to which the deputy LA came."
"Since the appellants applied for a B licence, albeit only in the alternative, we cannot regard such a licence as being wholly unacceptable to them. ... We find ourselves unable to regard the reduction in rates which members of the Dune and Miller group might obtain from the utilization of the spare capacity of the vehicle on return journeys as justifying the grant of an A licence in place of the B licence.
"Moreover, although only one vehicle is involved, the introduction into the general pool of transport facilities of the spare capacity of this vehicle would tend to cause some abstraction from existing hauliers."