THE NEWTOWN HOTELS.

Auckland Star, Volume XXXIV, Issue 212, 5 September 1903, Page 4

THE NEWTOWN HOTELS.

COURT PROCEEDINGS.

(By Telegraph.—Press Association,

WELLINGTON, Friday,

In the Newtown hotel counsel for the police said the tee disposed of the applications by refusing renewals on the ground that it had no jurisdiction' If the principle suggested by the defence was really! founded upon authority it would mean that a licensee who was convicted three times could continue to sell. In England, by a special provision, the Com* missioner of Inland Revenue had powcl to permit licenses to be carried on pending appeal, but no similar provision existed here. The prosecution asked ■fitmagistrate to say that these publicans were selling liquor without a license. It must be stopped. A heavy penalty was not asked for on this occasion, but it must be understood that if the offence was continued the full penalty would la pressed for in subsequent cases.

Counsel for defendants claimed thai the licenses had been extended by virtue of section 23 of the Licensing Act, in which he specially emphasised the,words "finally disposed of." The expresswtf "adjourn" was not used. It did noli speak of adjournment of the application, and it did not extend the license daring the period of an adjournment. If t_e application was ultimately granted "by, direction of the Privy Council the renewal would date from the period of expiry by effluxion of time of the original application to the committee. Counsel went on to elaborate the legal aspect of the position that had now arisen. The course the defence asked the magistrate to adopt was the very course adopted in appeal proceedings. Th 3 publicans were appealing in one case to the Privy Council, and in other cases they had lodged an appeal to the Court of Appeal. It had been agreed t_j*" when the decision of the Privy Council was given such decision shall decide tltf fate of the four cases in the Court or Appeal. The same course was adopt™ in any civil proceeding. The Court decided one case and practically reserve I its decision in the pending cases till ths result of the appeal was known. Dr. McArthur said*he would giv" judgment on Monday.