LICENSE REFUSED

Hawera Star, Volume XLVIII, 18 September 1924, Page 9

LICENSE REFUSED

RAILWAY HOTEL, WAITOTARA

MANDAMUS PROCEEDINGS COMMENCED.

The application of Isabella Nielson, licensee of the Railway Hotel, Waitotara, came before the adjourned meeting of the Patea Licensing Committee this morning, when there were present: Mr. J. S. Barton (in the chair), Messrs E. Dixon, E. A. Facey, H. Graves, and C. Hawken, Mr Beeehey, for the applicant, asked for a renewal, and intimated that the hotel had been sold by Zohrab to J. Stellin. Mr. O’Dea, who appeared for Stellin, said that this was so. He said That the hotel was in repair, but that Stellin was prepared to do anything further that was required by the Licensing Committee, and was prepared to satisfy Mr. Duffill . or» any other architect. He said that Mr Stellin had given a free hand'to the architect to do whatever was necessary. His Worship asked whether Mr. O’Dea considered Stellin a fit and proper' person to hold a license. Mr. O’Dea said that Stellin was not applying for the license; he was simply the owner of the freehold. His Worship said lie would not hear any further evidence, and the committee, after retiring, returned and said that they had decided to refuse the license on the grounds that the hotel was out of repair. The Bench agreed with the statement of the police, which was that the hotel was out of repair within the meaning of secion 109 of he Licensing Act, 1908. Mr. O’Dea asked his Worship if he had informed his fellow members on the committee that they were personally liable for mandamus proceedings to compel the issue of a license, and where such proceedings were successful they would be liable for both damages and costs. His Worship said he had not so informed them, but he himself would also be liable, and he did not think that a higher court would override the discretion of the Licensing Committee. 'vMr. O’Dea said that was for a higher court to decide, and he then asked if the members of the committee were unanimous in the decision. His Worship said that Mr. O’Dea was not entitled to ask this, but he could say that they were unanimous. Mandamus proceedings have, Mr. O’Dea told a Star reporter, already commenced against the members of the Patea Licensing Committee.