Tribunal Orders Rehearing of Hadfield Bid
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I N a reserved decision in the appeal by H. J. Hadfield and Sons Ltd. against the decision of the North Western deputy Licensing Authority in refusing to grant A licences for five vehicles (The Commercial" Motor, December 28), the Transport Tribunal has , remitted the application to the deputy Authority for re-hearing. The Tribunal said that since the normal user was incorrectly stated in the application and was enlarged at the hearing, it would be proper to re-advertise the application before re-hearing.
The Tribunal was not very impressed by the evidence relating to part loads and, as was pointed out by the deputy Authority, the initiative for making the application came from the appellant and not from its customers. When he refused the application the deputy Authority had said: " In my view it is contrary to the intention of the Statute that the owner of vehicles under contract should, by merely asking the contract holders to support him, claim and obtain an A licence ".
In the Tribunal's view the evidence given by the customers should not be ignored because an applicant has asked his customers to support 'him. It was felt that the appellant in this case did make out a prima fade case. albeit not a very strong one.
The Tribunal said that, owing to the course which the case took before the deputy Authority, there was no evidence of the effect which the granting of the application would have on the interests of other hauliers and so it was considered that the objectors ought now to have an opportunity of calling evidence on their own behalf.