A LICENSING CASE.

Lyttelton Times, Volume CVI, Issue 12551, 12 July 1901, Page 2

A LICENSING CASE.

[Pee PH.ES3 Association.] WELLINGTON, July 11. The case of Gaukrodger v. Stanford and O'Driscoll is being heard to-day in the Supreme Court, before the Chief Justice, and Justices Williams, D'emmaston, Conolly ami Edwards. Tins is a case ia which it is sought to prohibit or quash the, granting of a new license, by , the defendant, Mr Stanford, S.M., to the defendant, O'Driscoll, in respect of the Commonwealth Hotel, New Plymouth, At the poll in December, 1899, the decision of the electors was for the continuance of the. existing number, cf licenses in the Taranaki Licensing District. . Owing to the failure to elect a, Licensing Committee, tbei functions of tho committee in the Taranaki district have been exercised by Mr Stanford, S.M., alone, under the provisions of the Licensing Acts in that behalf. In June, 1900, Mr Stanford intimated, in regard "ty). the hotel known as the Village Inn, at Bell Block, something over three miles from New Plymouth, that the building was in a very unsatisfactory condition, and that unless it was rebuilt or much improved it would be a question, "whether the license could, be. again renewed ii 1901. In February, 1901, the defendant O'Driscoll purchased' the Village Inn at Bell Block. He expended nothing en that hotel, but immediately began to erect a new hotel building in Now Plymouth, for the puuposas of an hotel, to be called the Commonwealth Hotel. On, Mr Stanford sitting as a Licensing Committee in'June last he had before him applications for renewals of ail existing Hcenses, including one*, by thiei defendant O'Driscoll for the. Village Inn, .-Bell Block, and also three applications for new licenses, namely, one in respect of another house at Bell Block, one in respfct of a boarding housja at New Plymouth, and one by the defendant O'Driscoll in respect, of the Commonwealth Hotel, New Plymouth. Mr Stanford heard first the two first-named applications for new licenses and dismissed them., Then ,he •proceeded to hear the application of O'Driscoll in respect of the Commonwealth Hotel. At the conclusion of the evidence, on the question whether the house was required in the neighbourhood, the defendant put in notice Of withdrawal of his application for a renewal in respect of the Village Inn, Bell Block, with the view of creating a vacancy, .enabling the issue of the new license, he was applying for. Mr Stanford reserved judgment, and adjourned delivery of judgment oh several occasions, but finally, on July 1, when the license for the Village Inn, Bell Block, had expired, he gave his decision, granting a new license in respect of the Commonwealth ■Hotel. The ground of the proceedings now •before, the Court is that what was dene amounts, to an attempted evasion of the provisions of the Licensing Acts against the renewal of licenses. Dr Findley is appearing for .tho plaintiff Gaukrodger, and Messrs Skerrett and T'. 8. Weston, jun., for the defendant O'Driscoll. The case occupied all day, and was adjourned till to-morrow.