AN ACCOMMODATION LICENSE.

Press, Volume LV, Issue 16703, 11 December 1919, Page 6

AN ACCOMMODATION LICENSE.

A DIP INTO HISTORY. At tiio nvcting c: tho I.yttflton T.'ccnMjiL; Cmnniittoe. held yesterday, an iriUTi'.-tin point. which involved li;ivk to ">ho oaYly «.Lo* ot Canier- :• •. 1 r>-. up i:i ionnox:on with the npulii ation for .1 renewal ot tin* iwomriodaikui 1: v:i>c for the "WlicaLsheai Hotel. I eddinntou. The ihai nv.:in <.Mr s - K - M'<" ;irtl '- v - S.M.. pomnd nin. iiinl'T tiio prosen' Art an aei onmiodation license • onid not granted to a- house vnhui nve in;i--s of an existing hotel. A draught-man treat the lo'vernnioiU Survey Peplrtinent \*as called. andguo eviden-v th.it the dtstatnv trom t:ie Vi.-r. Hotel. Governor's Hay. and il.o Wh-atsV.oai Hotel. Teddington. was 4 wiics XI chains !•>' t i •' nearest pt:l»ho 1 , „lii. 11.- had UUMMired till' distance Oil the ( rowi ot lho road with n two-chain chain. The official ni.ip, according to mkili*. gr.ve the (!:-i:iin i' as I mi!c> o-J i Ji.tiii-riM'iii;; half a< ■ ia,n short. Mr Hohan. lor tho luvn-iv. .'aid that tiii- VTheaisheaf had been built three or fo-:>- y. ai- hel.Mo tli.' Ovean Yiow Hotel, under old Provincial Ordinance of 1 This Ordinance provided for tour kinds of !a "i-i .- - general, ••mmtry. wine and !wr, an 1 conditional. Tho lio ns«> miti> grained at any time of the year to all pc:-on>. 'ho applications being wade to a magistrate, who in Hint, it tho applicant uas of good • liaraetei. forwarded it on in the superintendent, and the license »,i' granted practically automatically. 'When ihe Provincial Oovernmcni.s een-od in 157.3, the law on tlii» subject liecaine very contused. .•>■» in 187-1 an Act wa.s pa--ed, section .'I «»f which validaiod all license granted to that dnto. Tho live-mile regulation was embndi«"d in tho Act of ISSI. and up Jo that time there had l«een no distance qualification. Vnder s<-<-tions 78, S3, and S-l ot that .V.i.Who jiuhlioan liad tho richt ot roni-wal. and had .a vo-tod ripht. to his lir-onso. Tho (Icoan Yiow had tirs;. a wine and Ix-or and then a comiiiinn.il licenso. Tho fact that, tho Oionn \ icw h:ul t> >cn luiilt and j;rant<xl .i _ licrnso siih-vqucnily sluuild not prejudice tiio licensx? of the Whojitslicaf: to do so would ho unfair and unjust. as the licenso liad alreadv 'oroti in oxif.lonco over fifty years. iTo \\ould rail ,i witness as to the of tho rospe>:'tivo ltotols. llarrr Haw ford enro evidence that ho remembered the Trddinptou aceotnniodajion house hnilt in IS7'J or i-"4. It. hed remained on tlie same idto <'vcr since. The neare.st licensed liouso then was the AYliicoelifTs Hotel, fituated Helnn- the site of the present Ocean Yiow Hotel. Tho "NVhitediffs liad l>eon burned don-n. Previous to this, at tho time of the pnM rush, there lind boon a Jittlo one-roomed shack kept by a man named Buckingham, at the top of Gehhie's Pass. This was some years before tho Teddington aLt-ommodatiou liouso Lid boon built. Mr Hobati snhmitUvl tliat tiio license had been legally granted in tho first place, and as there wa.s then no fivemil© limit, it conlcl not bo afTociod bv the subsequent hnildinir of an hotel within that distince, Jlc quoted from the decision ol .Mr iTustice AVillinms in a similar case, in which the committee was ordered to grant tho application anil pay costs. 'Hie chairman, in giving tlie committees decision, said that they were s-itis-fiod that the license was the first existing one granted in the district. The prohibition against the five-milo limit only applied to original granting and not to renewals. Tho application 'for a renewal would therefore bo granted.