LICENSING COMMITTEES’ POWERS.

Evening Star, Issue 13002, 22 December 1906, Page 8

LICENSING COMMITTEES’ POWERS.

AX IMPORTANT JUDGMENT. BLENHEIM, December 22. Mr Justice Cooper Inis delivered judgment in u special licensing case cited and beard before him at Wellington recently. Tho circumstances are these : The lVair.au Licensing Committee granted a. license to the Masonic Hotel, and at the same meeting passed a resolution ordering thirteen licensees to rebuild within two years. Jas. Penney, licensee of the Masonic, acting on a joint report of experts appointed by Himself and members of the Committee respectively, had repairs effected, and then challenged the right of the Committee to order rebuilding. The questions for the opinion of the Court were: —(a) Had the defendant Committee power, under tho circumstances, to order the erection of a now building as a condition of renewal of-the said license? (b) Had the defendant Committee power to refuse the renewal of thn said license in 1907. merely because the iilans of a. new building had not been submitted? (c) Have the defendant Committee authority by law to refuse to grant th© said renewal of license, if non© of tho objections set out in section 81 of the Licensing Act, 1880, cab. bo proved against the licensee and his said hotel? To each of these questions Mr Justice Cooper has answered in the negative. Costs ore borne by Penney, as per arrangement. Th© result of the decision will be the speedy effecting of th© repairs recommended in all other cases, wherever a new building is not considered by the owner preferable.