LICENSES SOUGHT

Ashburton Guardian, Volume 49, Issue 198, 7 June 1929, Page 5

LICENSES SOUGHT

HOTELS IN ASHBURTON. APPLICATIONS TO COMMITTEE. EFFECT OF CHANGE OF DISTRICT Al GUMENT BY COUNSEL. (By Own Reporter.) LEESTON, This Day. There was a scene of activity and an air of expectancy in and about the Leeston Courthouse at noon to-day, when the Midi-Can-terbury Licensing Committee held its first and annual meeting. Unusual interest centred round the meeting because applications for licenses for five hotels in the electorate had been filed." Four of the applicants have houses at Ashburton and the fifth in Hororata. There was also an application for renewal of a license for Deyane's, Ashburton. Prior to 1902, the Somerset, Commercial, Grand Central and Devane'«s all held licenses, and today was the first opportunity for the proprietors to seek new licenses. " The applicants and hotels were: Frederick E. Jones, Horcrata. Charles B. Gass, Commercial. John Penman, Grand Central. Joseph Scales, Somerset. Patrick Devane, Devane's.

Other business before the committee was the permanent , transfer of a license from Herbert Hancock, Hororata Hotel, to Frederick E. Jones. Renewals were applied for as follow: South Rakaia, M. T. Healy; Canterbury, Methyen, W. T. Cooksley; Chertsey, E. Doyle; Dunsandel, C. R. Hatchard; Methyen, E. F. Ward; Railway, Rakaia, H. E. Nickolls; Railways, Doyleston, M. Riordan; Leeston, W. J. Kelleher; Southbridge, J. Griffon; Devane's (Ashburton), Patrick Devane.

There was a strong representation of solicitors, and accommodation in the Courthouse was taxed to the utmost, there .being also a large attendance of interested parties. The Ashburton No-License Council was represented. Members of the committee present were: Mr H. A. Young, S.M. (chairman), Messrs H. F. Nicoll, I. McGill, and B. McNamara.

The transfer from' Hancock to Jones was granted, and all applications for renewals of existing licenses were granted. Superintendent Eales stating that the police report in respect of tne Methven Hotel showed that this matter had now beea adjusted,, and all was in order. The application for a renewal for Devane's Hotel was held over till the new applications were dealt with. The chairman pointed out that the sanitary requirements at the Chertsey, South Rakaia and Hororata hotels should be carried out as suggested by the Health Department.

The Somerset Application

The Somerset application was first dealt with, Mr A. F. Wright appearing for Mr Scales. The Clerk of the Court (Mr Moriarty) produced a petition signed by residents of Ashburton against the application. Mr Wright said he was speaking for Mr R. Kennedy, Mr O. S. Thomas, Messrs Wilding and Acland, and Messrs Lane, Neave and Wanklyn, who were representing the various applicants. Mr L. A. Charles appeared on behalf of the people who signed the petition. Mr Wright said that he and his colleagues thought their position sound. The first thing was to obtain from the committee a ruTing as to its powers' to grant licenses. Mr C. O. Pratt (Clerk of thVCourt at Ashburton) produced the license register which was in existence before no-license was operative. The Somerset Hotel had been- licensed up till the time no-license was carried. The register also showed licenses held by others in Ashburton who were now applying for licenses. Devane (a present applicant) was licensee of Devane's Hotel in 1902.

Joseph Scales (lessee of the Somerset Hotel) produced his lease. Mr Wright said that all the papers had been filed and were in order.

Charles B. Gass said he owned the freehold of the Commercial Hotel, and gave evidence of the accommodation and other arrangements.,

Devane's and Grand Central. Patrick Devane said he owned his premises and was licensee for nine years before No-License.

To Mr Charles, witness said the premises were not ramshackle, but had not been painted for many years. He was prepared to carry out all necessary work. There were no fire escapes on the street frontages. There was only one bathroom, which was used by the family and boarders. The building was in the same block as the Technical School, and the Baptist Church was on the opposite corner. To Mr Wanklyn, witness said the building was half a chain from the nearest Technical School building. John Penman said he owned the Grand Central, which was built of kauri, and was well preserved. He would make any alterations the Licensing Committee might require. To Mr Charles: His house was 200 or 300 yards from the Technical School. The Church of Christ was on the far corner. Rope ladders were in each room as fire escapes.

Two Questions for Consideration. Mr Wright said that two questions required consideration at the hands of the committee— Was there power to grant licenses in that part of the district which was formerly known as Ashburton? In reply to the chairman, Superintendent Eales said, the police had no objection to the granting of licenses if the committee had power to grant them. Mr Wright: So you see, Sir, the police have no objection. He went on to say that hotels lost their, licenses when No-License was carried in 1901. The position to-day was reversed. It was clearly shown by the provisions of the 1908 and 1910 Act that the hotels should have licenses granted. Counsel quoted from the Act showing the

conditions fn the two merged districts obtained till the first licensing poll was taken. This poll was held in December last, and the result was that it came into force on the 30th of the present month, and same in Ashburton, but after that date the whole of the district was a license district in the strictest term of the word. Liquor could be imported to Astoburtora by the lorry load, and therefore the district was wholly "wet." They could not have a partly "wet" and a partly "dry" district. It must be one or other. If Ashburton had contained more than half the population' of the new district, there would have been a question for decision on the point. The proportion of population were: Ashburton 9414, Ellesmere 11,569. Therefore there was a preponderance in favour of the formerly licensing district. At 11.5 p.m! the chairman adjourned the meeting till 1.45. When the sitting resuim-d, Mr Wright continued to quota Orders-in-Council and the provisions of Arts bearing on the question. One Order-in-Council stated that no licensing poll should be taken in districts named in the schedule, but Ashburton was net included in that list. In a license district people were not able to vote for restoration. It was inconceivable that the Acts should sweep away all rights to licenses being granted. Section 83 of the 1918 Act completely took away an Ashburton vote on the Question of local no-license and local prohibition. There was no prohibition tagainst the granting of licenses according to the vote at the last poll, therefore licenses must obtain.

Abundantly Plairf. Continuing, Mr Wright asked if the committee had power to grant licenses, and, if so, what was that power? He submitted that this was abundantly plain—almost beyond doubt. The true, broad and fair interpretation was that Ashburton should have the licenses. It was in a wet district where the people, by a large majority, desired licenses, and the committee should construe the Act to give the best interpretation. He had searched in yain for anything which indicated that the Legislature intended to take away- the rights. Every application was in respect pi the .same kind, which had ceifiSed to exist, 'and the Act said that the committee at its first annual meeting shall grant licenses. Counsel went step by step through sections of the Act to show 'that the application was in accord with all of them. The legislation passed in 1920 fully supported the contentions of counsel. Mr Wilding said that if there were any other construction than that submitted by Mr Wright it would lead to an absurdity, in that Ashburton would never have the right to vote on licensing questions in the future.

Contentions Against Licenses. Mr Charles said that all had found Mr Wright's case interesting, but it had been made to appear that there were anomalies on one side only. The legislation was really a two-edged sword, for Ashburton also had been deprived of its vote for No-License. There was nothing in the legislation to suggest that the words "licensing poll" would have any other meaning than that held hitherto. He submitted that the law as passed remained in force and was quite clear. Ihe only means by which licenses could be restored was through the taking of a restoration vote. This vote had not been taken. Counsel: How could it be taken? The chairman: Don't interrupt, please. Mr Charles went on to quote the law on the points raised by counsel for the applicants. Mr Wright spoke in reply to Mr Charles, quoting extensively to show that licenses should be granted at the first annual meeting of the committee, which was the period from which the new state of affairs begin. Evidence was given by G- D. Vereoe regarding the proximity of Devane s Hotel to the Baptist Church, Salvation Army Hall, and the Technical School, and with regard to the proximity of the Grand Central to the Church of Christ and Technical School. ' Similar evidence was given by Mrs W. H. Robinson. Under cross-examination by Mr Thomas and Mr Wanklyn, both witnesses admitted they were opposed to licenses politically and would be opposed to them wherever they might be granted. The committee adjourned _at 3 o'clock to consider the submissions of counsel and evidence, together with the petition previously referred to.