THE WAIRAU LICENSING CASE.

New Zealand Herald, Volume XLIII, Issue 13368, 24 December 1906, Page 8

THE WAIRAU LICENSING CASE.

COMMITTEE'S DECISION REVERSED,

[BY TELEGRAPH.PRESS ASSOCIATION.]

Blenheim, Saturday Mr. Justice Cooper delivered judgment to-day in the special licensing case cited and' heard, before, him at Wellington recently. The circumstances are as'follows: The Wairau Licensing Committee granted a.license to the Masonic Hotel, and at the same meeting passed a resolution ordering thirteen licensees to rebuild within two years. Jas. Penny, licensee of the Masonic, acting on the joint report of the experts appointed by himself and members of committee respectively, had repairs effected, and then challenged the right of the committee to order the rebuilding of the hotel. The questions for the court to decide were: (a) Had the defendant committee power under the circumstances to order the erection of a new building as a. condition of renewal of the said license? (b) had the defendant committee power to refuse the renewal of the said license in 1907, merely because the plans of a new building have not been submitted? (c) has the defendant committee authority by law to refuse to grant the said renewal of license if none of the objections (set out in section 81 of the Licensing Act of 1880) can be proved: against the licensee and his said hotel? To each of these questions Mr. Cooper's answers were in the negative. The costs are borne by Penny, as per arrangement. This result of the decision will be the speedy effecting of the repairs recommended in all other cases wherever a new building is not considered by the owner to be preferable.