WITNESSES NOT EXPECTED TO PRODUCE BOOKS WITNESSES called by applicants
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VV should not normally be expected to produce their books to prove statements as to occasions when they experienced transport difficulties, says the Appeal Tribunal in its written decision on the appeal of Moor and Son (Haulage), Ltd., against a grant of a B licence to H. C. Sparks, an ex-Serviceman, of North Molton, by the Westerrt Deputy Licensing Authority.
" How far it may be necessary to ask objectors to produce records of their work must, therefore, depend on the circumstances in any case where the question arises," the Tribunal adds.
When Moor and Son (Haulage), Ltd., objected to Mr. Sparks's application.
the Deputy Licensing Authority dis counted the evidence given by the company's manager, apparently because he did not produce records to confirm his statement that his vehicles could handle additional traffic. On the other
hands the evidence of the applicant and his witnesses, although unsupported by documents, was accepted.
The Deputy Licensing Authority stated that in making the grant he had relied on his own close personal know ledge of the locality. The Tribunal finds that, having regard to the isolated position of farms and the nature of local roads, the grant might have been justified, but stricter conditions are to be imposed to prevent the possibility of wasteful competition. Mr. Sparks is advised to seek other employment, as
the Tribunal does not believe that he will be able to make a living under the terms of his licence.
Costs of £6 have been awarded against the appellant.