Objectors' Rights Wrongly Limited
Page 27
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WHENEVER an applicant amends W his application in a material particular, with the result that it is re-published by the Licensing Authority in APplications and Decisions,' it is open to a haulage contractor who may not have chosen to object to the original application, to lodge his objection to the whole of the amended application.
"If he does object to the amended application as published, he is entitled to appear at the ensuing public Inquiry and to be heard in support of his objection to every part of the published application, and cannot be required to confine his objection to that part only of the application which gave rise tothe amendment and to the re-publication."
This opinion is expressed by the Transport [Appeal] Tribunal in a written decision announced this week. It concerns the appeals of Messrs. Joseph Jones ahd Sons, Messrs. H. Threlfall and Son, and Messrs. Peter Wright and Son against the granting by the North-western Deputy Licensing Authority of a B licence -to Messrs. Poynton and Son, Liverpool. The licence authorized the addition of a vehicle and allowed Messrs. Poynton to carry ships' used furniture, in addition to goods which they had formerly carried.
It appears that they had, in fact, been carrying ships' used furniture outside the conditions of their licence, although they believed that they were entitled to do so, When this became known at the inquiry at which the application was originally heard, the proceedings were adjourned and an amended application specifically seeking power to carry ships' used furniture, as well as requesting an extra vehicle, . was submitted.
The respondents to the appeal objected to the amended application, although not to the original. For this reason, the Deputy Licensing Authority limited their representations to the condition concerning ships' used furniture and would not allow them to object to the addition of the vehicle.