DANCE HALLS

Auckland Star, Volume LXXV, Issue 177, 28 July 1944, Page 6

DANCE HALLS

LICENSES REFUSED

NIGHT CLUBS TO APPEAL

Submissions made by two night club proprietors concerning refusal by the Auckland City Council to grant them licenses for a dance hall were described by Mr. J. H. Luxford, S.M., in the Police Court to-day as "serious allegations" against the council in that they alleged the council had • not acted fairly and impartially in the administration of the duties imposed on it by statute.

The magistrate adjourned both cases in order that defendants might proceed by way of an appeal under th 6 Municipal Corporations Act from the council's decision.

Leonard Grondin, manager of the National Club, appeared on summons on three charges of operating an unlicensed dance hall, while Henry C. Sallery, proprietor of the club, was charged with using the premises as an unlicensed dance hall. Mr. Alex. Wilson appeared for both defendants.

Senior-Sergeant Sparks, referring to visits paid by police to the club, said it appeared to be a deliberate flouting of -the law by the management, as there was no license and the club seemed to be carrying on in the usual way. Mr. Wilson said the City Council had refused a license despite an offer to have alterations made to the building. The police inspected the club almost every night. Since its inception the club had provided entertainment for many servicemen who would otherwise have walked the streets. Mr. Sallery had gone to considerable expense in connection with the club and he considered that the council had been most unreasonable in its attitude. The magistrate pointed out that the law said the premises must be licensed, but defendants had gone on breaking the law. If the Court condoned such a thing it would only mean the thin end of the wedge. Offers Refused Mr. Luxford heard Sallery's evidence in mitigation of penalty. Sallery said the three-storied building had been specially erected about 35 years ago as a club and ever since then it had been used as a club. "At the outbreak of the war I offered the whole building to the military authorities, free of charge but on payment of interest amounting to about £4 weekly, /or use by soldiers as a club," added defendant. "I later made the same offer to the R.S.A., but both offers were turned down on the score of expense in running it So, some time ago I decided myself to furnish the premises and open them as a club. Although I offered to carry out necessary alterations to the premises the council refused me a license. I consider I have not been treated fairly by the council. Only recently I had a letter from the council to say it was unlawful to use the premises as a place of assembly." Mr. Luxford: You have the right of appeal from the council's decision if you think it unreasonable. Then I can hear evidence on the matter. A serious allegation has been made against the City Council, meaning that it has not acted fairly and impartially in the administration of the duties imposed on it by Statute. If there is any justification then later I might find it a case for the imposition of a lesser penalty than I have been imposing in these cases. Upon defendant intimating that he would appeal the magistrate adjourned the cases for four weeks.

Complaint of Delay Appearing for Ernest Graham, charged with using the Club Rio, Karangahape Road, as an unlicensed dance hall, Mr. J. Terry said the circumstances in this case were somewhat different. When application was made to the council for a license Graham was informed that certain alterations would be necessary before one could be granted. On completion of the alterations Graham went back to the council, only to be told that his applicaton had been lost. Later his application was refused. Mr. Terry said the council should not have put Graham to the expense of having the alterations carried out and then declined the application. After four months Graham was told the license was refused because the police report was not satisfactory.

Mr. Luxford: There, is nothing in the regulations requiring approval of- a man's character. It is the business that' is being licensed, not the man.

Mr. Terry said defendant intended to lodge an appeal against the council's decision. There had been undue delay.

"The allegation is a serious one, namely, that the council is not administering the law in the way the law says it should." said the magistrate. • "I draw the inference. Mr. Terry, that the City Council is determined there will be no night clubs—" Mr. Terry: That is so, sir. We want to know the reasons for the refusal. The case against Graham was also adjourned for four weeks to enable an appeal to be lodged.