A NAPIER LICENSE

Hawke's Bay Tribune, Volume XXI, Issue 142, 2 June 1931, Page 7

A NAPIER LICENSE

UNEXPECTED HOLD-UP LIVELY LECAL BATTLE. APPLICATION CHALLENGED. The smoothness with which the business of the Napier Licensing Committee is usually conducted was greatly disturbed yesterday when a legal battle ensued between the chairman, Mr. A. M. Mowlem, S.M., and Mr. L A.. Rogers as to whether the licensee of the Clarendon Hotel had filed complete papers relating to an application, for a publican’s license. Mr. Rogers appeared on behalf of the application of Mr. T. J. Brennan. Despite Mr. Rogers’ protests, the chairman, ruled that the papers were not in order and the Bench adjourned its meeting for a fortnight to enable them to be completed. “NOT IN ORDER ” The first shot was fired when the chairman remarked: “This application is not in order!” “In what respect?’’ asked Mr. Rogers. The chairman: You know quite well. Mr. Rogers: The application has been filed and we have done all that is required. The chairman: Mr. Rogers; tell me what is more within “coo-ee” of the truth? Mr. Rogers: The application for a •crtificate of fitness has been granted The chairman: That is news to mo. Mr. Rogers: Under Section 85 wo have done all that is required by an applicant. T he chairman: I understand that you have not applied for a certificate of fitness. Mr. Rogers: In applying for the transfer the application was put in. Mr Rogers then quoted the Act, submitting that it could not mean what it said. Tn the past he said that this section had been disregarded and ignored. “It would appear that the applicant for a transfer is expected to submit testimonials of himself as well as those of the people to whom the transfer is to be made,” said Mr. Rogers. “All

the requirements that should be complied with by Brennan have been complied with. The chairman: Well, what does the law mean when it states that every applicant for a license shall apply for ' certificate of fitness?

Mr. Rogers: That was done in November in the application for the transfer. Section 85 docs not mean anything and should be disregarded. The chairman: How can you say that, Mr. Rogers, when Mr. Justice Edwards has decided what it means? Mr. Rogers: We did obtain a certificate and I cannot see why we are not in order. THE LEGAL QUESTION. The chairman: The law is quite clear. On a new’ license a certificate of fitness must be first obtained. Mr. Rogers: When Brennan went into the hotel first he obtained a certificate to the effect that he was a fit and proper person to be there. The chairman: Why doesn't he do as everybody else docs? Mr. Rogers: He got it last November The chairman: On the transfer of another man’s license. The transfer is not concerned in this. “You are quibbling, Mr. Rogers,” said the chairman. Mr. Rogers: This is a recognised custom borne out by the Act. The chairman: I still hold that the application is not in order. Do you want any time to put it in order? Mr. Rogers: No, sir, we have another course open. The chairman: This is not in order. Mr. Rogers, you have had notice ot the facts and you have dodged them. Mr. Rogers: No, sir. Tn due defedence to you I say that it was not necessary to apply for a certificate of fitness. The chairman: I can read between the lines. Mr. Rogers: Yes and so can I. Mr. Rogers: In some of the other cases, certificates of fitness were filed with the applications while others had put the applications in first and got the certificate afterwards. “Where are we now and what is the position?” asked Inspector Cumings. The chairman: Well this application is not in order. Mr. Rogers: I want as much time ns possible, as I want to write to the Public Service Commissioner for a reference.

The chairman: There is no need to do that.

Mr. Rogers: We are not known here and I want to get as much weight as I can in support. /The chairman: It won't carry any weight. » • Mr. Rogers: We want testimonials from reputable citizens. The Inspector: You don’t have to go to Wellington to get that. Mr. Rogers: Brennan has only been here six months and half the time the hotel has been closed. The Inspector: That is not correct, ft was closed for only a few days. Mr. Rogers: I might suggest a month The chairman: Well I suggest nothing of the kind. The chairman, after conferring with the committee, intimated that a fortnight was all the time that Mr. Rogers could be given. SUITABILITY OF PREMISES. “I thought the committee would consider adjourning the hearing,” said Mr Rogers. The chairman: What? For three months ? Mr. Rogers: No, I suggested one month but you would not hear of it. The chairman: If what I say is right that the application is out of order you have no license at all. Mr. Rogers: Other applications were adjourned until September next The chairman: This is not the same thing. This is to put an application in orderMr Rogers: Whv should it not stand on the same footing ns the others? The chairman: The suitability of premises have to ha considered there. Buildings were either damaged or destroyed through no fault of the licensees but in this case the man hns not got his application in order. 7 am offering you an nnpnrtnnitv to put your license in order. Do you want it or do you not? Mr. Rogers: I suppose we will have to be thankful for small mercies. The chairman: What is the small mercy? Mr. Rogers: Three months. The chairman: The committee is unanimous that the matter will bo adjourned for a fortnight. Mr. Rogers: I thank the committee for its adjournment. Inspector Cumings; The certificate of fitness enn he obtained before Saturday. All the police have to do

Is to report on the conduct of the hotel.

The chairman: There is aleo the question of accommodation for the public.

The Inspectolr: I suggest that the committee should see it.

The chairman Wasn't the position had last year and nothing has been done since? Our minute book is full of promissory notes which have not been honoured.

Mr. Lusk ton behalf of the owner)• f hope that the committee when Inspecting the building will consider the result of the earthquake and the financial condition of the person concerned.

Mr. Rogers’ application was adjourned for a fortnight and the committee left to inspect the building.