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ARTHUR T. BOOTH W INS TIPPER APPEAL

5th March 1965, Page 45
5th March 1965
Page 45
Page 45, 5th March 1965 — ARTHUR T. BOOTH W INS TIPPER APPEAL
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Which of the following most accurately describes the problem?

'N London on Wednesday, Arthur T.

• Booth (Manchester) Ltd. successfully ppealed against the refusal by the lorthern Licensing Authority. Mr. . A. T. Hanlon. to grant a Iwoipper B-licence application. Mr. E. H. R. 7reeman, for Booth. told the Transport "ribunal that the evidence proved need the biggest development area of the ountry. He could not understand why le, L.A. had stressed " lack of evidence f need" when two witnesses and four :Mrs supported the application.

The L.A. had seen .fit to rely, on a thedule of overloadings when an assurnce had been' given that no prosecutions maid .he instituted, Mr. Freeman conmded. Northern hauliers such as iddle C.'Copic Itd.-had had tremendous icr. • . eases of tonnages. despite convictions, e said Another . haulier in the area ad been convicted . of 65 ciffences -licence work and 516 on Contract A ■ ork, with fines totalling £960 and costs I

£105 "My client .", said Mr. ,Freernart. "had mere 11 convictions. yet Mr. Hanlon isiSted that' this old-established cornany was unfitted to hold a licence." be crux of the case, he submitted, was sat Mr. Hanlon resented the fact that chides licened in the North Western

area operated " like a cuckoo in the nest', in the Northern area. It had hurt the L.A.'s sense of propriety, he added. There had been a "studied leak " that Mr. Hanlon was determined to rid the licensing system of Arthur T. Booth. 'Can you possibly say this is administratively right, or that it accords with the dictates of common justice?" be asked.

Giving judgment, the president, Mr. G. D. Squibb, said the Tribunal took the view that there was just sufficient evidence 4) support the application. " We have come to the conclusion that the time has not yet come to say that the appellant is totally unfitted to hold a public carrier's licence. It would be right to give the appellant the opportunity of turning over a new leaf with some prospect, of carrying on the business in complete compliance with the law ". he concluded.