ASHBURTON CASE

Evening Post, Volume CXI, Issue 73, 27 March 1931, Page 10

ASHBURTON CASE

BEFORE PRIVY COUNCIL

JUDGMENT RESERVED (Heoeived 27th March, 11 a.m.) LONDON, 2<sUi March. jDie Privy Council reserved judgment in the case of Joseph Scales versus H. A. Young and others, from New Zealand. Tho case is one which raises tho issue of whether, after a period of twenty-seven years, licences should be granted in the Ashburtoiv township.

Joseph Scales, proprietor of the old Somerset Hotel, Ashburton, is proceeding against the Mid-Canterbury Licensing Committee and inviting the Court to say that the Committee has authority to issue a licence. In 1902, a nolicence poll was carried in Ashburton aiid all licences lapsed in June, 1903. Prior to 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 liei.nsed 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 licences and the committee decided that it had not the jurisdiction to grant them. Four actions then were commenced in which the proprietors sought a mandamus against the chairman, H. A.. Young, S.M., and the present caso is one of these. It was removed out of the Supreme Court by Mr. Justice Smith and argued before the Court of Appeal in October, 1029. The Court characterised the situation as "an amazing result" of omission by the Legislature to provide for such an eventuality, and stated that "the plain object of the Legislature had been defeated," but regretted its inability to read into the Act, what Parliament would have done had its attention been drawn to tho omission. Judgment was given for the defendants, but leave was given to appeal to the Privy Council.