Restrictive Agreement Question Again
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.THEquestion of restrictive booking arrangements, whereby one ticket organization seeks to prevent its agents from booking seats for operators who are not members of that organization, occupied the attention of the Metropolitan Traffic Commissioner on Tuesday. The hearing lasted the whole day and was adjourned after only four witnesses (Messrs. J. H. Ewer [George Ewer and .Co., Ltd.], S. H. Waters [secretary, P.S.V. Operators, Ltd.] and two agents) had been called.
The obtaining of witnesses had proved difficult, owing to agents fearing reprisals. As an undertaking was given by Mr. Fox Andrews, for the combine group (the booking methods of which were attacked by George Ewer and Co., Ltd.), that there need be no ground for such fears, it is anticipated that, at the .resumed hearing, more agents will appear in the witness box. It is possible also that London Coastal Coaches, Ltd., which was represented in court by Mr. W. White and Mr. L. Turnham, will decide to give evidence.
The Eastern National Omnibus Co., Ltd., applied for the renewal of its London-Chelmsford and l.ondon-Clacton licences. It was claimed that these should not be granted, because the company was, owing to the hooking methods employed by its.agents,. not a " fit " organizatiOn to hold a licence. Mr. Fox Andrews submitted that the Commissioner had no jurisdiction over the booking agent and could examine the question only at an inquiry, for the holding of which he was authorized under the Act. He could draw conclusions from the inquiry, buthe could not give effect to them—an assertion on which the ConimisSioner agreed to hear argument.
On the question of evidence, Mr. Fox Andrews asked that only such as would be admissible in a court of law be accepted, but the Commissioner ruled that it was for him to decide what evidence should be heard and for counsel to object if he wished.
Mr. G. A. Thesiger, for the objector, contended that restrictive booking agreements were against public policy, as was the " enticing" of . agents, whereby they were prevented from booking for operators for whom they had been in the habit of booking. Subsequently, when evidence showed that the agents' agreement of P.S.V. Operators, Ltd., also contained a restrictive clause, although it was admitted that it had been inoperative, the Commissioner asked counsel whether he wished to modify his general contention, but Mr. Thesiger stated that he preferred to let it stand.
In adjourning the hearing, the Commissioner hoped that-the patties would try to come to some 'Mutual agreement, He felt that he shOuld interfere as little as possible in matters that did not -directly concern operation.