Third Attempt Successful
Page 41
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AFTER having twice had their application refused, Messrs. H. and R. _ Duncan, Lower Gilmore Place, Edinburgh, have at last secured an additional 6-ton vehicle. Last week, the Appeal Tribunal, presided over by Mr. W. D. Patrick, K.C., sitting at Edinburgh, reversed the decision of the Southern Scotland Licensing Authority in refusing an additional vehicle.
It was stated that the original A licence authorized the use of 22 vehicles (58 tons). Messrs. Duncan's business was said to be subdivided into local and long-dista,nce haulage, and the present case was connected solely with long-distance transport. The goods carried comprised mainly furniture. Increases in tonnage carried, mileage and receipts were shown, and were said to be due to the expansion of business among established customers.
Mr. J. R. Wardlaw Burnet, K.C., for Messrs. Duncan, argued that it was sufficient for an applicant to establish proof of an increase in traffic from the base, and that the question of return traffic was irrelevant. He held that the railways, which objected, had lost the traffic which Messrs. Duncan now handled, before road haulage became controlled.
The Tribunal found that the existing vehicles were all fully occupied, that custotners required Messrs. Duncan's service and had suffered inconvenience by a shortage of vehicles.