Supreme Court WINE-SALES LICENCES

Press, Volume CV, Issue 31040, 21 April 1966, Page 9

Supreme Court WINE-SALES LICENCES

Hotelkeepers’ Appeal An appeal by two Christchurch hotelkeepers, James Vincent McCormack and Gavin Thomas Wills, against the granting of wine-seller’s licences to the Wine Cellars (N.Z.), Ltd., and Montana Holdings, Ltd., has been dismissed by Mr Justice Wilson in a reserved decision in the Supreme Court. The two firms were granted; wine-seller's licences for the; New Brighton district by the ; Canterbury Licensing Com-; mittee in December. 1964, and j McCormack and Wills ap-j pealed to the Licensing Con-1 trol Commission. The com-; mission dismissed their appeals in June, 1965. McCormack and Wills then appealed to the Supreme Court, on the ground that the commission misdirected itself on its powers and functions in reviewing whatever discretion was involved in dealing with applications for new licences, and in failing to treat the appeal before it as a re- | hearing. His Honour was required to determine whether the commission’s decision, in this respect, was erroneous in law. His Honour held that, rather than a rehearing, there had been an onus on McCormack and Wills to satisfy the Licensing Control Commission that the decision they appealed against was wrong. The commission had correctly applied that principle in hearing their appeal, and their present appeal before him must accordingly be dismissed, his Honour said. Costs of 20 guineas were allowed Wine Cellars, Ltd., for which Mr A. D. Holland appeared, and 15 guineas allowed Montana Holdings, Ltd., represented by Mr G. T. Mahon.

Mr J. G. Leggat appeared for McCormack and Wills.