REFUSED WRESTLING PERMIT

Evening Star, Issue 22067, 28 June 1935, Page 5

REFUSED WRESTLING PERMIT

IS REGULATION VALID? CASE BEFORE FULL COURT [Per United Press Association.] ■ WELLINGTON, June 27. . The Full Court to-day reserved decision in an originating summons case arising from a dispute between the National Sporting Club (Incorporated), Wellington, and Mr W. G. Wohlmann, Commissioner of Police, and Police Inspector G. B. Edwards. The case concerned refusal of a wrestling permit, and the club sought, inter alia, an order that regulation 8 of the Police Offences (Wrestling Contests) Regulations, 1931, is invalid, as being beyond tho powers conferred on the Governor-General by section 72 of the Police Offences Act, 1927. After some discussion it was agreed that the following questions should he decided by the court:—(l) Is regulation 8, valid? (2) Is a police inspector entitled to refuse a license as a matter of course? (3) If ho is not, what is the limit of his discretion? The Solicitor-General, for the defendants, submitted that the police authorities had power to refuse a permit both under the Act and under the regulations Both of these gave the inspector an absolute discretion, but that discretion must be exercised in accordance with the law, a,nd if a police inspector failed to exercise any discretion then his action could be the subject of review by the court. He contended that it was common knowledge that wrestling contests conducted for gain were likely to develop into public disorders and create breaches of the peace, and that knowledge must he kept in view in construing the statute and the regulations. He submitted, furthermore, that the mere fact that the police had to be present did not meet all the demands of law and order. It was vitally necessary that they should have the right to refuse permits altogether to some wrestlers.