HOTEL AT KAMO SPRINGS

Northern Advocate, 12 June 1929, Page 9

HOTEL AT KAMO SPRINGS

j APPLICATION FOP LICENSE. I i -MATTER BEFORE COMMITTEE. i I I OBJECTIONS OVFjR:-RULED. At the annual mooting of the Marsdon Licensing Committee, held in the W'hangarei Magistrate’s Count yesterday, Walter Henry Cuthbert, of Wlmngarei, applied for the issue of a publican ’s license in respect of premises situated at the Kamo Springs,

All the members of the eommitte wore present, and Mr G. N. Morris, S„M,, presided. Inspector Harvey objected, on behalf of the Police, to the issue of the license, on the grounds tihat an application, made in June 1926, had been refused and that the population of the district' concerned did not warrant a license.

In support of his objections the inspector stated that there was only a [ population of 500 people in the Kamo township and district; that there was I already an hotel situated at Kamo, I about a mile away, and that four miles further on from the Springs there was another hotel, i.c., at Hikurangi. The license, therefore, was not required as far as the travelling public was concerned. The original license in. respect of the Kamo Springs Hotel had lapsed in 1917, and he submitted that the committee had no right to renew the license; further, its issue was not warranted.

Another objection to the issue of the license was filed in a. petition lodged by J. F. Attwood and others. These objectors were represented by counsel. Mr G. P, Finlay, counsel for the supplicant, said that an application for a license had been made in respect of the premises in 1917, but what had happened at that time was somewhat obscure. Prior to 1917, the then hotel, subsequently destroyed by fire, was only moderately paying its way. At the time of the fire the war was on, building was expensive -and money hard to obtain, so the licensee cf that date found that he was not in a posh tion to restore the premises. The committee had insisted on restoration of the buildings, and the upshot was that the license was allowed, to lapse. Since that time some people had made a pretence to apply for a license, but these applications had never been brought on for hearing. The license was never refused; it had simply been allowed to lapse. It was quite true, continued counsel, that there was not a sufficiency of population to justify a licensed house, and equally true that the refreshment requirements of the travelling public were being met, but this application was more than a hoard and residence or sale of whisky and beer proposition. At the spot whore the license was applied for, there existed a natural facility that had the reputation of being world-wide in importance.

At this stage counsel read Dr. A. S. Herbert's comments on the merits and benefits of the Kamo Springs from a medicinal, curative and health-giving point of view.

Continuing his address, counsel said that it seemed a narrow and foolish view to contend, because hotels wore situate at distances of one and four miles, that the qualities of this spa should not be developed to the utmost. It was not only a matter for the district, but for the nation as a whole. Moreover, they had not the right to flaunt the appetite of the world's population, the tourist, or the man in ill-health. The application before the committee was for a license to enable the establishment, at Kamo Springa, of facilities that tourists and others would get at any other tourist resort in the world, and to develop the spa on proper lines it was essential that a license should be issued. If the application were successful, it was intended to erect new and commodious premises, the plans of which ho now submitted for the committee's inspection and approval. KAMO HOTEL.

In the proposed new promises it would be seen that the bar was a very minor feature of the whole. The scheme was designed with the idea of making available an additional up-to-date health resort in order to answer a growing demand and to cope with it as time went on. It was not the intention to establish a drinking resort.

The principal objection in the petition, which was signed by the licensee of the Kamo Hotel and his wife, was that that hotel would be subject to Joss of trade, but- counsel contended that this fear was unfounded, in that two distinct classes of people would be catered for. The other objection v, as based on section 91 of the Act, i.c., that another hotel was not required in the neighbourhood, but this, counsel considered, had been effectively disposed of.

Neither the Government nor the local authorities that had had possession of this spa in the past had made the slightest effort to develop it and private enterprise should be given every facility to develop it to its utmost. Surely, after 12 years of idleness, this was a reasonable rcquesL Without a license this would be impossible, as this spa would fail to attract. It must be remembered that the district was being offered something bettor than it had today, and the right to ask for a license was strongly supported by the tifend of public opinion.

The fundamental principle of the Licensing Act 190 S Was that the

licenses then in force should remain in operation, and counsel considered that definite reasons had been advanced for the status quo. Continuance was the spirit, and soul of the licensing legislation. This was expressly defined in Faction 96. A license could only bo forfeited by some derogatory act on the pant of a licensee, and the mere refusal to issue a license could not act as a bar to any application at a subsejquont annual meeting. Therefore, the committee had a- re-creative faculty. Section 85 provided that new licenses could only be granted at an annual meeting., The license was still in existence, and where the light was current it must continue. Section 30 of the Amending Act of 1910 conferred the right on the committee to issue a license and also gave a. co-relative j right to any member of the public to i apply for it. Those rights must not j he abridged, and doubts must not he | introduced. The application now made j was in accordance with the provisions of the law. Counsel likened the license | to a homing pigeon seeking a home, j and that home it could only find on one particular day, viz., the day of the annum! meeting of the committee.

Mr Dickson, who appeared in association with Mr Finlay, then addressed the committee and said that the legal position might bo put under the following heads: —■ (1) Is the bench satisfied that, it has unlimited discretion in the granting of licenses? —iHo contended that it had.

(2) What is the position with regard to licenses that have been forfeited? — The answer to that was that the committee, under Section 96, has unlimited power. (3) What is the power of the committee in connection with refused licenses. Has the committee less power to deal with the lapsed licenses than forfeited licenses?—There could be little doubt under that heading. (4) If power is' given to the committee by Parliament, can that power be abrogated unless by subsequent special statutory provisions?—He submitted that Section 30 said that in the case of a lapsed license, any person may apply for it and the committee may grant the license, (5) Does the Act of 1910 intend to penalise lapsed licenses as against forfeited licenses? Finally, is it in the interests of the Whangarei and Kamo districts that tire committee should assist to create a tourist traffic by helping to bring the Kamo Springs into the reputed value which it possesses?

Mr W, A. Curruth, counsel tor the objectors 'congratulated his learned ifriend on his fine speech. It was flowery, and in the nature of a special plea, but he was disappointed because it did not contain the points involved in the application. It was something in the nature of a forlorn hope to resuscitate a license which vvas forfeited in 1917. It had been stressed that it would be convenient to have the Springs started as a spa and that its value would be augmented by the issue of a licehse. In the past every effort had been made, to make the utmost use of the Springs, but, like everything new, the proposals dropped after a while. It was significant that after the fire no effort had been made to resuscitate the license, which had not been forfeited but allowed to lapse. An attempt had been made to shift the license at one time to Mangapai, and in order to d ; o. that the’ parties responsible were prepared to allow the Springs license to be foregone. If the then licensees, the Northern Brewery Company, wished to make anything of the Springs, why did they wish to transfer the license? Because the Springs Hotel was not a success. It might be that at that time proper efforts were, not made to popularise the Springs, but it must be remembered that a lot of money had been spent. Questions arising were: could the license be revived, was it a floating license, and was the license required in the district? —He thought not.

Mr Carruth contended that as four polls had been taken on the licensing question since the license lapsed, the mandate of the 'people at those polls did not authorise the resuscitation of

any license, or an increase in the number of lilcenses. Under section 30, sub section 2of the Act of 1910, it was necessary that the application for the renewal of the license should have been made at the first annuai meeting of the committee, ami it wms singular that all this time, 12 years, had ibecn allowed to lapse. In any case, the provisions of section 292 of the Licensing Act of 1908, which covered accidental omissions, should have been observed. He contended that the committee should be guided by the main Act and said the present application was straining the law in order to secure a reincarnation of the original license. The license being out of existence immediately prior to the poll, the law now did not allow of its resuscitation. Law* points bearing on this viewpoint were quoted by counsel. In comflnsion, Mr Carruth submit,ted that the question to be decided was whether the license was in existence, viz floating, and, if so, Whether it survived the poll taken in each ease.

Inspector Harvey mentioned that two applications had been made tc have the license itransfeived. i\fr Finlay, in reply, stated that Mr Camit’h had confounded pells with licenses. The former had nothing' to do with the latter. If licenses ceased they must do so as a whole; if not, they were at ill in existence. National Prohibition had ho effect on the licensing law. His learned friend had found nothing to say that the license was dead—-he only thought 30.

The committee then retired ,to consider its decision.

On resuming, Mr Morris stated that the application, had been duly . discussed, and the committee considered it had two questions (to answer:—(l) The power of the committee to grant the license. (2) The necessity for the license. The committee had no doubt 'as to its right (to grant the license, which would be granted accordingly. As to the necessity of the license the committee, with one exception, Mr C. E. Lova.tt, considered this point had been established. The license was therefore granted, to operate as from July 1, 1929, contingent on the new building being gone on with immediately in accordance with, the plans submitted. In delivering the-committee’s finding, Mr Morris said (there were several law points on which he was doubtful and he would like to see the . objectors test the case in the Supremo Court.