ASHBURTON LICENSING CASE

Dominion, Volume 23, Issue 53, 26 November 1929, Page 12

ASHBURTON LICENSING CASE

APPLICATION TO APPEAL TO PRIVY COUNCIL. Dominion Special Service. Christchurch. November 23. Notice of motion for leave to appeal to the Privy Council against the decision of the Court of Appeal in the Ashburton licensing case has been lodged by Messrs. Duncan GOtterill and Co., solicitors for the plaintiff, Joseph Seales, hotelkeeper, of Ashburton. The case was heard in the Court of Appeal on October 7 and 8, when plaintiff applied for a writ of certiorari against Mr. H. A. Young, S.M., and other members of the Mid-Canterbury Licensing Committee removing plaintiff’s _ application for a grant of-a publican’s license in respect of the Somerset Hotel from the committee, and quashing its order refusing to hear the same, and alternatively for a writ of mandamus commanding the committee to hear such application. The Court on that occasion considered that the Licensing Committee had no jurisdiction to grant a license. . . . . The Court, while admitting the injustice of the case, pointed out that legislation had failed to provide for the particular set of circumstances which had arisen from the alteration of the electoral boundaries. . The decision affects licenses m s . eve South Island districts and some m the North Island. .