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Railways Lose Two New Appeals: Applicant's Onus of Proof
Page 111
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TWO appeals lodged by the Railway Executive against the grant of additional facilities to coach operators in Taunton and Coalville have been dismissed with costs by the Minister of Transport.
Viking Motors (Burton), Ltd., was the respondent in the appeal against the grant by the East Midland Licensing Authority of a new licence for a Coalville-Blackpool express service from Whit-Saturday to the last Saturday in October. The other case concerned the Western • Licensing Authority's variation of a licence for excursions and tours held• by A. G. Bowerman, Ltd., Taunton, authorizing an additional day tour . to London_
It was held for the R.E. in the appeal over the Coalville-Blackpool service, that the rail service between the points was adequate and that the application had been based on a destre for a service rather than a need. Experience had shown that railway traffic would be abstracted, as had happened when the respondent had been granted a picking-up point at Ashby.
Railway Revenue 11,500
The appeal was based on a need to protect a railway revenue from this route of L1,500-11,600 a year, to prevent loss of traffic at Ashby and Coalville and to object to an excessive allowance .of 300 seats a week to the respondent. Mr. D. E. Skekling, for Viking Motors, said that the rail journey via Leicester involved a 12-mile trip in the • wrong direction. Passengers should not be forced to make a journey backwards with a change of train and be charged an additional 19s., he said.
As to the alleged loss of traffic, he declared that when there was a drop in traffic at Ashby and Coalville, the respondent was blamed; when there was a drop elsewhere, it was put down to fluctuation; where there was an increase of traffic, this was called negligible.
• Mr. E. C. P. Lascelles, who heard the appeal, declared that in his opinion it was not necessary for an applicant proving need to show that no alternative means for transport existed. He recommended that the appeal be dismissed.
"Undermining Railways" Mr. J. Granville Dixon, representing the Railway Executive in the appeal against the addition of a London tour to the licence held by A. G. Bowerman, Ltd.. declared that applications such as the one in question were a "constant biting-in, an undermining of the railways." The respondent had been granted the extra tour to the extent of 10 vehicle journeys a year. He contended it was not a day tour, but an express service. There was no evidence of a poor rail service
Mr. T. D. Corpe, for Bowerman, declared that a sense of perspective was needed. What was af stake was the right to advertise 10 trips to London a year. The figures of private-party trips to London showed the extent of the public" demand. There was no road service to London which permitted a return the same day.
Mr. Dixon replied that the reasonable needs of the public could be met
by private hire. Half-empty coaches should not be filled by advertising, wasteful competition and abstraction.
Mr. J. M. Glen, art inspector of the Ministry, declared that there was evidence of need for the facility, although it was not strong. In 1951, 30 parties had been arranged for day trips to London, 21 privately, and nine by institutions and similar bodies. He did not, however, disagree with the Licensing Authority's view and recommended the dismissal of the appeal, with costs. Midlands— Margate B.M.M.O. Preserve ?
CLAIMS that newcomers had been allowed to encroach on Birmingham—Margate services since the war and that these were the B.M.M.O.'s preserve, were made by the Birmingham and Midland Motor Omnibus Co., Ltd., last week, when it appealed against the grant of a licence to Don Everall, Ltd., to run coaches from Dudley to Margate via Wolverhampton. Bilston and Walsall.
Mr.-F. S. Fay said that the appellant had run coaches to Margate since 1929. Feeder services had been operated from districts around Birmingham, including Wolverhampton and Dudley. During peak periods many people had to be turned away because of restrictions on duplication. Since the war, the " reservoir" of people which the appellant had been unable to deal with had been given to newcomers, Mr. Fay submitted. Don Everall, Ltd., was the third company to be licensed for this route. Mr. J. C. Samuel-Gibbon, for the respondent, said that B.Ivi.M.O. had no claim to a monoply and he asked why people in an area populated by a third of a million should have to travel to Birmingham before going to Margate. The need for a direct service was clear. Even the "Railway Executive had not objected to the application of his client.
The inspector, Mr. W. Tudor Davies, is to report to the Minister of Transport.
STAFF SHORTAGE THE shortage of drivers restricts Glasgow Transport Department in expanding services and providing new facilities to housing estates. The situation may, however, ease. These points are made by the general manager in a report to the transport committee.
• He states that difficulties in recruiting male staff are attributable to the unattractiveness of six-day shift work; also, many men are unamenable to the standard of discipline necessary. He is not sympathetic with the idea of part-time employment of outside drivers at week-ends.