LICENSING APPEAL

Dominion, Volume 24, Issue 180, 28 April 1931, Page 9

LICENSING APPEAL

Privy Council’s Decision ASHBURTON CASE LOST London, April 24. The Privy Council dismissed with costs the appeal of Joseph Scales versus H. A. Young and others in the Ashburton licensing case. The case was one on which hinged the question as to whether licenses should be granted to the Ashburton township after a lapse of twenty-seven years. A month ago the Privy Council reserved judgment after hearing the evidence. Joseph Scales, proprietor of the old Somerset Hotel, Ashburton, proceeded against the Mid-Canterbury Licensing Committee and invited the Court to say that the committee had authority to issue a license. In 1902, a no-license poll was carried in Ashburton and all licenses lapsed, in June, 1903. Before the last General Election the township of Ashburton was part of the Ashburton Licensing District, although the boundaries were changed from time to time. In 1928, the district was divided into two parts and each part was joined to a licensed area. In each case the Ashburton population was smaller than that of the new district The proprietors of the four Ashburton hotels, applied to the new Licensing Committee for licenses and the committee decided that it had not the jurisdiction to grant them. Four actions then were commenced, nnd after judgment had been given for the defendants in the Supreme Court an appeal to the Privy Council was instituted.