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No Witnesses : No Licence

8th October 1954, Page 40
8th October 1954
Page 40
Page 40, 8th October 1954 — No Witnesses : No Licence
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Which of the following most accurately describes the problem?

A N appeal by Messrs. D. R. Evans

and Sons, 5 Olive Street, Morfa, Llanelly, against the South Wales Licensing Authority's refusal to grant them a B licence, restricted to the carriage of stone, shale, coal and clay within a radius of 10 miles of Llanelly, was dismissed by the Transport [Appeal] Tribunal in London on Tuesday.

Mr. N. Lloyd, for the appellants, told the Tribunal that the firm had called no witnesses before the Licensing Authority, but relied on letters from five small collieries and other people. He submitted that these proved need.

The president, Mr. Hubert Hull, commented that it was very rarely that a licence was granted where the only evidence was given in letters. It was a great pity that, instead of indulging in an appeal, the firm had not applied to the Licensing Authority again. As the case came before the Tribunal, the evidence was wholly insufficient.

The Tribunal allowed an appeal by Mr. W. G. Maguire, Rainham, Essex, against the refusal of the Metropolitan Licensing Authority to grant him a B licence for two vehicles for the carriage of fish within 15 miles of Rainham. Mr. Maguire already heid.an A licence for one vehicle, with which he delivered fish from Billingsgate to East London and Essex.

In May last he purchased the goodwill of another fish carrier's business, but no vehicles were involved. He had since operated the new business with hired vehicles and this had proved uneconomic and inconvenient.

The Authority had referred 'to the absence of evidence as to what had happened to the vendors' licences, but, said Mr. F. A. Stockdale, for Mr. Maguire; it was not necessary either for the vencloA to give evidence or surrender licences. In this case, the vendor had covenanted not to carry fish within a specified area for five years.

Mr. Hull said that during the original hearing, receipts were put in on behalf of the applicant in support of his case that he had found it necessary to hire. Five of those receipts given by one firm did not bear the necessary stamp, It was highly desirable for the Licensing Authority to see that the revenue law was observed. He hoped that the Authorities would be more stringent in this respect.


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