ASHBURTON HOTEL.

Auckland Star, Volume LXI, Issue 62, 14 March 1930, Page 7

ASHBURTON HOTEL.

LICENSING DISPUTE. APPEAL TO PRIVY COUNCIL. CONDITIONAL LEAVE GRANTED. (By Telegraph.—Press Association.)! WELLINGTON, this day. A further stage of the well-known licensing case of Scales versus Young and others was reached in the Court of Appeal to-day, when Joseph Scales, of Ashburton, hotelkeeper, moved for leave to appeal to the Privy Council from the decision of the Court of Appeal, delivered last session, whereby it refused to grant him writs of cettiorari and the mandamus against the Mid-Can-terbury Licensing Committee for a publican's license in respect of the Sonieiset; Hotel, Ashburton.

Mr. W. J. Sim, for the applicant, submitted that leave to appeal should be granted on the grounds: (1) That the proceedings involved civil rights of the value of £500 or upwards: and (2) that the general question at issue is one which, by reason of its great general or public importance, ought to be submitted to the Privy Council. The Chief Justice, Sir Michael Myers, remarked that the Court was of opinion that prinui facie it appeared that leave should be given, and accordingly called on Mr. Spratt, counsel for the Licensing Committee, to show why. leave should not be granted. Mr. Spratt submitted that there was nothing before the Court to show that the value of the interests involved was such as to give the applicant the right of appeal on the first ground, and further that the case was not a proper one for the exercise of tJie discretion of the Court. He further submitted that if the Court decided that leave should be granted to applicant it should b<; granted only on special term- as to costs in favour of the Licensing Committee. Conditional leave to appeal within 'three months was granted, with security ! at £300.