LICENSE FOR BREWERY

Hawera Star, Volume L, 25 October 1930, Page 6

LICENSE FOR BREWERY

MINISTER’S WRONGFUL REFUSAL.

FINDING OF APPEAL COURT.

(By Telegraph—Press Association.) WELLINGTON, Oct. 24. The Court of Appeal delivered judgment to-day in the case of Jorgensen versus the Minister of Customs. Knud Christian Jorgensen, Auckland. represented a certain syndicate known as the New Zealand Pilsener Syndicate, formed for the purpose of establishing in New Zealand a brewery for the manufacture of light. Pilise'ner ale, and was desirous of obtaining a brewer’s license under section 28 of the Finance Act (1915). On March 11 of this year the syndicate made application to the Customs Department for a brewer’s license in respect of premises, proposed to be erected at Opaheke, in the Auckland province, such premises not being situated within, or within five miles of, the boundary of a no-license district.

The Controller of Customs replied that the Minister regretted that he was not able to approve the application for such license. Solicitors for plaintiff then applied to the Customs to ascertain the reason for the refusal of the Minister’s approval, but the Customs Department replied declining to set out the ground of such refusal. On May 27 the syndicate renewed its application for license, but was again informed by the Customs Department that the decision already given would not he departed from. Plaintiff then issued an originating summons asking the opinion of thei court on the following questions: (1) Has the Minister of Customs the 1 absolute right to refuse to. approve the granting of a brewer’s license under the Finance Act (1915) ? (2) Has the Minister the right to refuse an application, except as governed hv the Finance Acts_of .1915 and 1917? (3) Ts the Minister-of Customs entitled in his unfettered discretion to refuse an application for a license on the grounds other than those contained in the Finance Act. and without alleging any grounds for such refusal ? (4) If the Minister refused the application for a license, has. the applicant anv right of appeal? The Chief Justice, Sir Michael Myers, hold that although the questions raised in the originating summons could not be answered categorically the legal Dosition could he summed no in the following answers:

First.—The Minister had not under the Finance Act. 1919, an absolute right to refuse to grant a brewer’s license.

Second. —If an application for a brewer's license was made for a brewery and plant erected in accordance with the statutory requirements and not erected in a no-license area, the Minister must grant his approval, unless he refused on the ground that the applicant was not of good character and reputation, and therefore, unfitted to hold a license. Third. —The Minister had not unfettered discretion to refuse an application for a brewer’s license, for his powers were limited as set out in the Act itself. Fourth.—" Where the Minister under the-Finance Act, 1917. refused his approval to the issue of a new license on the ground of the character of the aonlieant, such applicant, has the right of appeal as contained in the Act.

No order was made as to costs