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Grant of passenger licences.
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11.—(1) Subject to the provisions of this section, the Minister shall have absolute discretion to grant or to refuse an application for a passenger licence.
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(2) In the case of an application duly made in accordance with this Act for an annual passenger licence to commence on the appointed day by a person who carried on an existing service (within the meaning of this section) identical or substantially identical with the passenger road service (in this sub-section referred to as the proposed service) in respect of which such application is made, the Minister shall not refuse such application except upon one or other of the following grounds, that is to say:—
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(a) on the ground that in his opinion such existing service was not carried on efficiently with a due regard to the requirements of the public;
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(b) on the ground that in his opinion such existing service was not sufficient, in regard to frequency of service or in regard to daily duration of the service or in regard to any other matter, to meet the requirements of the public;
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(c) on the ground that in his opinion the organisation and equipment at the disposal of the person making the application are not such as to enable him to carry on the proposed service in accordance with the conditions which the Minister considers should be inserted in the passenger licence to which such application relates;
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(d) on any ground on which the Minister is expressly authorised by any other section of this Act to refuse such application.
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(3) In considering the grant or refusal of an application for a passenger licence to which the foregoing sub-section of this section does not apply, the Minister shall (without prejudice to the absolute discretion conferred on him by the first sub-section of this section) have regard to the following matters, that is to say:—
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(a) whether the service (in this sub-section referred to as the proposed service) in respect of which such application is made is required in the public interest having regard to the passenger road services and other forms of passenger transport available to the public on or in the neighbourhood of the route of the proposed service;
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(b) whether the proposed service is sufficient in regard to frequency of service, daily duration of service, and other respects to meet the requirements of the public;
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(c) whether the organisation and equipment at the disposal of the person making the application are sufficient to enable him to carry on the proposed service in accordance with the conditions which the Minister considers should be inserted in the passenger licence to which such application relates.
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(4) In this section the expression “existing service” means:—
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(a) in the case of a continuous passenger road service, a passenger road service which was carried on continuously during the whole of the twelve months ending on the 31st day of October, 1931; and
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(b) in the case of a seasonal passenger road service, a passenger road service which was carried on continuously during the whole of a particular part of the year ending on the 31st day of October, 1931.
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(5) A person applying for a passenger licence to commence on the appointed day shall, for the purposes of this section, be a person who carried on an existing service if he is carrying on such existing service at the date of such application and such existing service was, during the whole of the period necessary to constitute it an existing service and up to the date of such application, carried on either by such applicant or successively by persons from or through whom such applicant claims to be entitled to such service and by such applicant.
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