SITE FOR PETROL PUMP

Press, Volume XCVIII, Issue 28981, 24 August 1959, Page 13

SITE FOR PETROL PUMP

Decision Reserved By Appeal Authority

Decision was reserved by Judge Dalglish. the Motor Spirits Licensing Appeal Authority. on an appeal by Chaneys Service Station, Ltd. (Mr E. B. E. Taylor) and Waimakariri Services. Ltd. (Mr A. Hern) against a decision of the Motor Spirits Licensing Authority.

The Licensing Authority in May granted T. K. Dixon (Mr A. C. Perry) permission to change one retail motor spirits pump from his present premises in Empire road to a proposed new garage and service station on the east side of the Main North road, and south of the Waimakariri river bridge. This was the decision appealed against. Mr Taylor submitted that it was not in the public interest to have a filling station on the site proposed by Dixon. The whole trend of modern highway construction was to keep highways clear of anything that would interfere with the quick flow of traffic. Judge Dalglish: The Transport Department has approved the site, it being understood that the oump would be a certain distance back from the boundary. Mr Taylor said that Government departments were not infallible. The public were well served on the Main North road now by retail service stations The three shareholders of Chaneys Service Station. Ltd.. were entitled to the protection given by the Motor Spirits Distribution Act. Long hours were worked at the service station so that the public could be given a service and a living could be made. The proposed site was about half-way between Chaneys Service Station and Waimakariri Services. “No Material Change” Mr Hearn said the evidence was that between Christchurch and Woodend, a distance of 15 miles, there were 14 selling points. This was not the first application by Dixon. He had make one about five months previously and it was refused. In essence there was no material change in the circumstances since then.

The only thing in the public interest was that Dixon operated a breakdown service. He would have to vacate the house, which belonged to the North Canterbury Catchment Board, but he could keep on the garage on the site There was no evidence to show it would be in the public interest to have another petrol reseller on the Main North road. “My client is not open on Sundays but he is open for long hours six days a week and he too. is entitled to the protection of the act.” said Mr Hearn. Mr Perry said little had been done to show that the Licensing Authority’s decision was demonstrably wrong. At the first hearing there was no evidence of public interest but that was rectified at the second hearing, when dear and unmistakable evidence was given that the change to the Main North road would be in the public interest.

Judge Dalglish said he had come to a tentative conclusion, but he would put his findings in writing.