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Successful Appeal Against B Licence

9th March 1962, Page 51
9th March 1962
Page 51
Page 51, 9th March 1962 — Successful Appeal Against B Licence
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Which of the following most accurately describes the problem?

AN appeal by C. W. Harrison (Western), Ltd., of Taunton, and Cleansing Services (Southern Counties), Ltd., against a decision of the Western Licensing Authority was allowed by the Transport Tribunal in London last week.

Mr. J. R. C. Samuel-Gibbon, for the appellants, said that the Licensing Authority had granted a B licence for a 3i-ton lorry for Harris and Smith, builders, of Altarnum, near Launceston, to empty septic tanks in Cornwall within 30 miles of Altarnum.

The Tribunal president, Sir Hubert Hull, said that the respondents thought they could add the emptying of cesspools to their business as builders. The appellants, who had objected at the original inquiry, were both concerns of some size and between them operated four vehicles for that purpose in Cornwall.

"The Licensing Authority, with some hesitation, I think, decided in favour of the applicants. We share what is obviously a sympathy by the Authority in dealing with an application of this kind and our natural inclination is to multiply to the utmost extent the number of vehicles which are necessary to carry out this necessary service," said Sir Hubert.

On Merits Unfortunately, they had to decide the question on its merits. It was determined by whether the " present services were reasonably sufficient, and what resolved that was whether there were complaints about the existing services.

"I think there must be an identifiable complaint by an identifiable person. In a case. He thought the Licensing Authority had been too lenient, but the Tribunal would agree to let the licence run until April 1.

The applicants had failed to make out a. case. He thought the Licensing Authority had been too lenient, but the Tribunal would agfee to let the licence run until April 1.


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