Suspended Operator May Lose £5,000, says Counsel
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THE West Midland Licensing Authority was alleged, during an appeal bearing in Birmingham last week, to have taken "an extraordinary course contrary to natural justice" in suspending the road service licence of Mr. Henry J. Partridge .(Bantam CoacheS), Coventry, until September 30 for exceeding• his vehicle allowance (The Commercial Motor, July 16 and
23). .
Mr. David Karniel, QC., for Mr. Partridge, made this criticism after saying that the suspension imposed on July 12 had already cost his client £900, and if it ran its fun term it would cost him approximately £5,000.
The appeal was heard by Sir Robert Tolerton, who said he would report to the Minister of Transport. as soon as possible.
He declined to accede to a suggestion by Mr. Karrnel that he should telephone the Ministry that day with 'a view to the susPension being put in abeyance pending the decision.
'Saying that the Authority's decision .c2
had virtually put Mr. Partridge out of business, Mr. Karrnel continued: • " 1 ask that whatever views you may form, you should do an unusual thing. because the situation to my mind is completely without precedent, and that is to report to your Minister that this sentence of suspension should be suspended at once."
The Authority had not only forced Mr. Partridge off the road, but had invited his competitors to apply for licences so that they could take the business.
He submitted that it was a case abounding in Mitigating circumstances. When Mr. Partridge had exceeded his vehicle allowance, he had done so to avoid disappointing people.
Mr. J. B. Griffiths, for the Birmingham and Midland Motor Omnibus Co., Ltd., said: "it is not my intention to try to turn the knife in the Wound and say the Licensing Authority vas. right in the extent to Which he penalized this operator,. but we say he was tight in taking some action in this-matter."