Sympathy, But No Decision
Page 55
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NILL1AM WOOD, of Glasgow, VV applied for an A licence for four chides of 141 tons in Glasgow last reek following a Transport Tribunal lecision that the matter should be eferred back to the Scottish Licensing ‘.uthority for statement and rehearing. Mr. Campbell Wardlaw, for the appliant, explained that Mr. Wood had .greed to purchase in 1958 a haulage Pusiness which was part of a general nisiness, the remainder of which was lot taken up by another purchaser. As result, Mr. Wood's payment of £5,000 or the haulage part was held up pending final settlement of the whole trans.ction. The applicant had been unable o attend to business for some months .nd, on returning, found that any good
nil been dissipated and the vehicles lad deteriorated. Two were suitable for ise and two others were not. It had been Proposed to replace the fleet and four iew vehicles were available in July, 960.
• " Not Taken Up"
The Licensing Authority had then .s-ked for theoriginal registration books. ndicating that failure to supply these vould result in the licence being noted s "not taken up." That had been put mo effect, the licence being ultimately oublished as "not, taken up,"
Mr. Wood contended that he had corndied with all the necessary details, acluding §urrendering the registration looks, and that there had been no slipla anywhere by him. He had been the ictim of circumstances outside his conrol and should not be adversely affected S a result.
Procedure not Challenged Mr. W. F. Quin, the Scottish Licensing luthority, pointed out that operators lad repeatedly been called before the aunt to show reason why their licences hould not be withdrawn and that the irocedure had not been challenged, but dr. Campbell Wardlaw argued that once fee had been paid the licence was in orce and that appeared to be the view Aen by the Tribunal. The applicant lad parted with a considerable sum of noney for a business and had not njoyed the benefits.
Mr. Quin said that in the original pplication the decision had been against he applieant, but when certain eircumtanees had been explained he had eversed that decision and granted the .cence.
In this present situation it appeared hat the case could not be heard on ormal lines. Mr. Wardlaw agreed, iointing out that the Tribunal had also ealt with the matter on extraordinary nes. A recess was agreed to allow the arties to discuss their viewpoints.
On resumption it was indicated that 'ere was sympathy, but no agreement, rid Mr. Quin said he would reserve his ecision.