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THC wins High Court appeal against Tribunal ruling
Page 53
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• The Transport Tribunal, which rejected an appeal by the Transport Holding Company against the granting of a Group A carrier's licence to a Northamptonshire haulage company, must reconsider its decision, the Court of Appeal directed last week.
The court allowed an appeal by Transport Holding Company against the Tribunal's ruling that the Licensing Authority was right in granting the licence to P. and H. Garage and Transport (Rothwell) Ltd., of Rothwell Lodge Garage, Kettering Rd., Rothwell, Northants. The case was remitted to the Tribunal.
Lord Denning (Master of the Rolls) sitting with Lord Justice Fenton Atkinson and Mr. Justice Goff, said the Rothwell company applied for the licence to operate six vehicles and six trailers for the transport of general goods for export only, through certain ports, and imports, mainly from Europe, on return journeys. No goods would be collected in the United Kingdom for delivery in the UK.
There were several objections to the application, including that of British Road Services through THC. The Licensing Authority was obliged by the Road Traffic Act 1960, to have regard to the interests of the public in considering an application and to have particular regard to the previous conduct of an applicant in the capacity of a carrier of goods. In fact, the Authority made considerable criticism of the applicant company's managing director, Mr. T. A. Gartside.
The Authority stated that he was "unable to accept the invitation to take a charitable view of Mr. Gartside's evidence". Mr. Gartside's account of two incidents was "manifestly untrue" and he had "shown a disregard for the licensing law amounting almost to contempt".
However, having considered the services which the applicants intended to provide, the Authority granted the application, indicating to Mr. Gartside that the licence could be revoked if he dishonoured his undertakings as to the use of the licence.
The notice of appeal issued by THC set Out four grounds of appeal: (1) the evidence before the Authority was insufficient to establish any case of public need for the intended services; (2) the Authority's dc. cision was against the weight of the evidence; (3) the Authority misdirected himself regarding the evidence; (4) if the licence were granted, the intended facilities would be in excess of requirements.
Lord Denning said neither Mr. Gartside nor his company were represented before the Tribunal and he did not appear in
person. Mr. Richard Yorke, for THC, argued that the Authority had erred because Mr. Gartside "didn't give a fig for the licensing law". The Tribunal heard him out on this and other submissions, but later, in a reserved judgment, rejected the appeal on the ground that they could not consider the argument regarding Mr. Gartside's previous conduct because it was not specifically included as a ground in the notice of appeal. The general allegation that that Authority misdirected himself was far too wide.
Lord Denning said the Tribunal had acted wrongly in hearing Mr. Yorke's argument in full and then dismissing the appeal on a ground that he had not had the opportunity of challenging. He should have been given the chance of submitting that his argument was covered by the stated grounds of appeal or at least had the opportunity of seeking to amend the notice of appeal to include that specific point.
Lord Justice Fenton Atkinson and Mr. Justice Goff agreed that the matter should be remitted to the Tribunal for further hearing.
Switch for flexibility
• Overland Car Deliveries Ltd., Carlisle, will now be able to operate its eight car transporters on B-licence and so gain greater flexibility of operation. In Penrith on Tuesday it successfully applied to switch three articulated transporters, totalling 23 tons 16 cwt, from two contract A licences to their B licences. There were six objectors, all from the Progressive Deliveries Group.
Mrs. M. J. McDowell, director of Overland, said that because the contract vehicles could only carry for named customers, transporters sometimes had to leave one of the six BMC collection points in the south not fully loaded and go 30 or 60 miles to the next collection point to load up. Due to factory production difficulties they could not always get a full load for one customer and time and operating expenses could be saved if vehicles could load any cars required for Scotland. If they had to collect a split load they could only manage two England/Scotland runs with perhaps a local delivery per week, instead of three, she said.
Additionally transporters which had delivered to Ayr or Kilmarnock could go to Linwood to carry Rootes cars south if the switch was granted.
For the objectors Mr. J. S. D. Jones, Scottish area director, Progressive Deliveries Holdings Ltd., said its deliveries by train and transporter into the area had dropped by approximately 1,000 vehicles in the past 10 weeks as compared with the previous year. He agreed with Mr. G. N. Robson, for Overland, that his six Scottishbased vehicles were restricted to Rootes cars. It did not wish to encroach in Overland's main work but to offer assistance where necessary.
Since the application involved no additional tonnage but would give greater vehicle useage, the Northern deputy LA, Mr. J. A. Baldwin, granted the application.
Another LA wants absentee penalties
• The South Wales Licensing Authority, Mr. Ronald R. Jackson, on Tuesday joined sides with other LAs who have lately been critical of applicants who fail to turn up for sittings.
Five out of seven applicants failed to put in an appearance at the Cardiff court and Mr. Jackson adjourned one hearing, "because of the peculiar circumstances relating to this case".
The remaining applications were refused and the LA commented: "It is a great pity that the Licensing Authority does not have some power to impose some financial penalty when an applicant fails to turn up.
Referring to an application by Fforrest Power Ltd. of Fforrest Hall Farm, Whitchurch, Cardiff, who applied for a new A licence for 12 vehicles to cover all goods throughout GB, Mr. Jackson said: "I understand a person purporting to be the secretary of Fforrest Power was on the telephone to my office at 9.15 this morning saying he had lost his copy of the call-up notice and what time was the court. He was told to get here by 10.30. He is not here and the application is refused."