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Private Party Operator Loses , Appeal to Legalize Services

8th January 1954, Page 42
8th January 1954
Page 42
Page 42, 8th January 1954 — Private Party Operator Loses , Appeal to Legalize Services
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Which of the following most accurately describes the problem?

IN the face of opposition by the rail]. ways, five big bus companies and a coach operator, a private-party operator, Mr. G. E. Fletcher, has lost an appeal against a refusal of the West Midland Licensing. Authority to grant hint permission to run 80 tours to holiday resorts and special events with picking-up points at Knowle, Bentley Heath, Dorridge, Lapworth, Chadwick End, Wroxall, Fen End, Balsall Common and Barston.

The appeal, which was heard before Sir Oswald Allen at Birmingham in October, was opposed by the Birmingham and Midland Motor Omnibus Co., Ltd., Scout Motor Services, Ltd., W. C. Standerwick, Ltd., Ribble Motor Services, Ltd., Premier Travel, Ltd., Mr. W. S. L. Smith. (Imperial Coaches), and the Railway Executive.

Mr. James Amphlett, for Mr. Fletcher, said his client was a newcomer who had to prove need for the new services. To do this he had called witnesses. The objectors had submitted that they had no case to answer, but the Licensing Authority ruled against them.

Demand Created He quoted the Authority, who had said at the public sitting on June 17, 1953: ". . There has been a private party operation of doubtful legality in a particularly rural area, and the people there have gathered together and experienced a very considerable facility right on the spot. Those people now form a body of public opinion which has been translated into a demand of not inconsiderable size, and this is always the way, the demand is encouraged and advertised, and we think there is a case to answer. . . ." With this, Mr. Amphlett claimed that he had established his client's case, Recommending that the appeal be dismissed, Sir Oswald commented that it was a pity that the private hire should have been allowed to develop to an extent which gave the operator almost a vested interest, and enabled him to claim as a reward for his enterprise a licence that would regulate his operations.

Nevertheless, he , thought that the Authority exercised a wrong discretion in preferring established operators to a newcomer.

The appellant has been ordered to pay the costs.

TOUR APPEAL FAILS

A N appeal by Frostways, Ltd., 1-1 against the South Eastern Licensing Authority's refusal to grant them permission to operate excursions and tours from Kennington, Berkshire, has been rejected with costs by the Minister of Transport.

Objectors to the appeal, which was heard by Mr. A. N. C. Shelley at Oxford in November, were the Railway Executive, South Midland Motor Services, Ltd., and City of Oxford Motor Services, Ltd.

APPEAL REJECTED WITH COSTS N appeal by Sunbeam Garages (Torquay), Ltd., against the imposition of a condition on art excursion and tours licence by the Western Licensing Authority has been dismissed, with costs, by the Minister of Trans port. The condition related to the picking up of passengers in Paignton. The appeal was heard by Mr. R. L. H. Hiscott at Exeter in October.

CASTING MAKER BOUGHT OUT

AN offer by Associated Engineering Holdings, Ltd., to buy the whole of the issued ordinary shares of Aeroplane and Motor Castings Co., Ltd., has been accepted by holders of over 98 per cent. of the shares. The agreement to purchase has been put into effect.

R.H.A. DINNER DATE

THE annual dinner-dance of the Metropolitan and South Eastern Area of the Road Haulage Association will be held at Grosvenor House, London, W.1, on March 8. The principal guest will be the Minister of Transport.


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