NEWTOWN HOTEL LICENSES

Auckland Star, Volume XXXIV, Issue 162, 9 July 1903, Page 2

NEWTOWN HOTEL LICENSES

the; appeal case,

LEGAL ARGUMENTS CONTINUED.

(By Telegraph.—Press Association.)

WELLINGTON, Wednesday,

Argument of the motions for mandamus to the Newtown Licensing Committee to grant renewals of licenses within the Newtown district was continued before the full Bench of the Supreme Court, all the Judges sitting except Judge Williams, who is still absent through indisposition.

Mr Skerrett,- in continuing his argument for the applicants for renewals, after an elaborate examination of the provisions of the Acts of 1881, 1893 and 1895, submitted that the following propositions were plain from a review of the whole of the sections:—First, a licensee has now a statutory fight to renewal, subject only to special objections Contained in subsections 1 to 4 of section 81 of the Act of 1881, and to valid determination of the electors in favour of reduction or no-license. Secondly, licenses are only to be refused as a result of~an adverse vote of electors. Thirdly, the Legislature has expressly declared, apart from section 3, that prohibition shall only be carried by a majority of three -fifths of the electors whose votes are recorded. In the present case it must be argued by the other side that prohibition would have been carried ■wiithout a three-fifths majority without a poll, and even although it should have been determined that the number of licenses should continue. Fourthly, that section 23 of the Act of 1893 only dedares, void the licenses which are granted in opposition to the determination of a valid poll. Fifthly, the machinery for making prohibition effective is expressly limited to districts where prohibition prevails as the result of a poll, and there is no machinery for making it effective in such a case at present. Sixthly, on the contention of the other side the licensing committee must necessarily be elected in a case like the present, and yet it has no jurisdiction to do anything. Seventhly, licenses cannot be recreated under the Act of 1895, Eighthly, wherever there are provisions in existing Acts for the relief of tenants or for the relief of landlords, they all depend upon the result of a poll. Section 3 should therefore, Mr Skerritt submitted, be approached with the feeling that the construction contended for by the other side contradicted the whole scheme of the Act; that it leads to the greatest absurdity and injustice, affecting not only the vested interests of licenses and the owners of hotels, but also the rights of the general public, all of which are carefully safeguarded by the other provisions of the statute. The question was whether the language of section 3 was bo intractable that the Court was forced to that contusion. Counsel submitted that the committee has clearly ample jurisdiction to grant renewal unless it has been expressly taken away. Mr Skerrett had not concluded his argument when the Court rose for the day. WELLINGTON, ths day.

I In the Newtown licensing case to-day IMr Skerrett continued his argument in ■ detail on the points he had raised. He iwill be followed by.Messrs. Morrison Land Young, on same side. The will i fcrobably last over to-morrow. ". At 2 p.m. to-morrow the Appeal Court 1 will resume to hear the application for leave to appeal to the Privy Council in the Chalmers licensing ease.