HOTEL LICENCE

Evening Post, Volume CXXXI, Issue 134, 9 June 1941, Page 9

HOTEL LICENCE

RESULT OF APPEAL

MAGISTRATE'S WARNING

A warning that if a recent decision of Mr. J. H. Luxford. S.M., convicting Andrew Dick Reid Duncan, licensee of the Dominion Hotel, of selling liquor at a place not authorised by his licence, were upheld on appeal by the Supreme Court, counsel had better "find another applicant" before the expiry of the licence on June 30, was given by Mr. J. L. Stout, S.M., chairman of the Wellington Licensing Committee, when Duncan applied at today's annual meeting of the committee for issue of a licence.

On Friday last. Duncan was fined £50 by Mi\ Luxford, the Magistrate remarking in his judgment that the defendant was not fit to hold a publican's licence.

When the application came before the committee Inspector J. Sweeney, for the police, referred to the conviction and the penalty

The chairman: Licence endorsed, too?

"Yes, licence endorsed," said Inspector- Sweeney

Mr. J. J. McGrath, who appeared in support of Duncan's application, referred at length to the convicting Magistrate's judgment. In answer to the chairman, he said that he intended to appeal against the decision. The chairman, after hearing Mr. McGrath on the legal aspect, said that he could not ifre-try" the case, but the committee could give counsel the opportunity of presenting his appeal before acting in the matter. "If a man is convicted of this offence, then he is not a fit person to hold a licence," said Mr. Stout, who added that if the appeal were successful the matter would be wiped out and Duncan wotild get his application granted in the ,usual way. The present licence dfd not expire until June 30, which left plenty of time for the appeal to be heard. Mr. McGrath asked what would be the position if the conviction were upheld.

"If you know it will be uphold, you had better find another applicant," said the chairman.