ASHBURTON CLUB

Evening Post, Volume CXIII, Issue 80, 5 April 1932, Page 10

ASHBURTON CLUB

RIGHT TO SELL LIQUOR APPEAL COURT CASE ELECTORAL CHANGES With the object of determining primarily whether the charter of the Aahburton Glub and Mutual School of Arts subsists and gives the club the right to-sell liquor, an appeal was heard to-day by the Court of Appeal from the conviction entered by Mr. C. E. Orr. Walker, S.M., at Ashburton, against Edward Loftua, secretary of the club, on an information laid by Senior-Ser-geant H. Martin, alleging that Loftus unlawfully sold liquor to tho president of the club, contrary to section 146 of tho Licensing Act, 1908. The Chief Justice (Sir Michael Myers), Mr. Justice Hcrclman, Mr. Justice MacGregor, Mr. Justice Blair,, and Mr. Justice Kennedy were on the Bench. • t Three counsel appeared for the appellant, Loftus, and two for the respondent, Martin. the Stated case. According to the case prepared for the Court's consideration, it was stated that it was proved upon the hearings of the information, that the club is a friendly society occupying premises within the boundaries of the original Ashburton licensing and electoral district as existing up to 18th October, 1028. It is a chartered club, and on 16th February, 1886, was issued a permanent charter which Jias not been revoked or cancelled. The charter, however, insofar as it conferred tho rig Tit to sell liquor, was suspended as from Ist July, 1905.'■ On 18th October, 1928, a change took place, the new electoral district of Mid-Canterbury coming into being, embracing most of'the areas contained in the Ashburton and Ellesmere districts.' The majority of tho population of the new: district was in tho Ellesmere portion. The result of the licensing poll in force in the Ashburton district, immediately prior to the change was "no-licence." No local licensing poll has been taken since the change, but on 14th November, 1928, the ■National. poll was taken throughout New Zealand, when National Continuance was. carried. Neither the defendant nor his employer held a licence issued under the Licensing Acts to sell liquor. . . . It was also held to have been proved on behalf of the defendant that, since 10th December, 1928, the club has been disposing of liquor on the club's premises, and liquor has been openly received in the original Ashburton district by the club and residents without compliance with the provisions of sections 146 and 147 of the Licensing Act, 1908. Furthermore, conditional licences had been granted under section 82 of the Act for races in the Ashburttfn area by the Mid-Canterbury Licensing Committee. ■• Mr. Orr'Walker held that it was unlawfub for Loftus to effect the sale of liquor. , LONG LINE OP CASES. Opening the case for the appellant, counsel contended that the conviction was only rendered possible by the finding that the club's charter is still suspended under the provisions of section ma or. the Licensing Act. " This is another of the long line of eases which has arisen under the Licensing Act from the change in the boundaries of a licensing district,"-proceeded counsel. ... .There have been already some Sli\£ r Oieht cases directly arising out of the change of boundaries in licensed districts where either a portion of the district which was no-licence has been transferred into a licensed district or a portion of a licensed district has been transferred into a no-licence district." The Chief Justice; "Didn't you rely upon the permanency of >our charter?" Counsel agreed that the club was in a licensing district in' which licences existed. . ' In answer to Mr. Justice Herdman, counsel said there were four or five licensed houses-in.the newly-constituted Mid-Cantijj-bury district. • • , " Counsel made four submissions to the Court.' Among them was the submission -, that the charter was suspended under section 263 of the Act so lone only as the club, in, the terms of thl section, was. situated in a licensing district in. which for the^time being no.hcene«. existed as a result of a licensing poll under the Licensing Act; and .that when the club became situated in the Mid-Canterbury district section 263 became inoperative and the suspension ceased. ..' IN FACT AND IN LAW./ Counsellor the respondent argued that, whereas in fact the club is in the Mid-Canterbury district, in point of law it must be- deemed to be in the original Ashburton district. i '■ ; . (Proceeding.)