SALE OF LIQUOR

Northern Advocate, 14 September 1931, Page 2

SALE OF LIQUOR

ASHBURTON CLUB CASE. MINISTERIAL BAN. REFERENCE TO SOLICITOR. (Per Pres* As»oclatJon. — Copyright. 7 ASHBURTON, Friday. The committee of the Ashburton Club, after considering a loiter from the Alinister of Internal Affairs, the Hon. P. A. dc la PcrrcUe, in reference (o the sale of liquor, has decided to place the matter in the hands of us solicitor. The sale of liqnor continues meanwhile.

The Alinister in his letter gave notice to the effect that the sale of liquor over the bar of the Ashburton Club and ATutual School of Arts must cease.

It is stated that the Minister's act ion resulted from representations made to him by the no-lieense movement in Ashburton. As a result of the alteration in the electoral boundaries, which merged Ashburton in the Ellesmere licensing district in 1928, Ashburton became a licensed district, so the club, acting upon legal advice, opened its bar on December 10, 1928.

The club’s charter was cancelled shortly after Ashburton became a nolicensed district in 1903, but on legal advice the -club paid its annual charter fee to the Ashburton Borough Council, and this measure enabled it to reopen the bar in 1928 without question. The bar was remodelled and alteration? which cost £IOOO were carried out. No new licenses being granted, it was ti.c only licensed house in Ashburton. No further action was taken until the Ashburton licensing appeal case was taken to the Privy Council and dismissed.

MINISTER’S DENIAL. THE LAW QUOTED. {per Front Association.— - 'Cowrrlfirht.? WELLINGTON, Saturday. A denial that he had been approached by the prohibition interests in Ashburton concerning ;the sale of liquor by the Ashburton Club and Mutual School of Arts was made by the Minister of Internal Affairs, the 'Hon P. A. de la Perrelle, yesterday. He said he had been approached on the question by .the police department, because his department dealt with club charters. ‘ ‘ As a result of the decision of the Privy Council in the case of Seales v. Young, 77 said the Minister, “I am advised that the club has no longer the legal right to sell liquor, and I have written to the secretary of the club to that effect. 77

The decision of the Privy Council referred to was delivered on April 24, 1931, on an appeal by Joseph Scales keeper of the Somerset Hotel in Asaburton, against the refusal of the Licensing ‘Committee to grant him a publican 7 s license to replace the license made void in 1903 by the carrying of the vote of no-liecnsc. In its .judgment the Privy 'Council decided Ithat, although by the alteration of the boundaries of the electoral districts the old Ajshburton no-license district had become merged into adjoining licensed districts, owing to the fact, that, as required by section 27 of the Licensing Act, 1908, and section 12 (B) of the Licensing Act Amendment, 1910, restoration had not been carried by vote, it was still unlawful to grant licenses in the Ashburton district.