A DELETED BY-LAW,

New Zealand Herald, Volume LI, Issue 15512, 20 January 1914, Page 5

A DELETED BY-LAW,

COUNCIL'S PREDICAMENT.

EFFECT ON BILLIARD SALOONS.

When the Onehunga Borough by-laws were framed some years ago, Clause 117 stood as a discretionary clause, and under it, a number of by-laws could be waived or relaxed if deemed advisable. Under this clause, the by-law which demands that billiard saloons close at 10 p.m., ha 6 been relaxed of late years, and the time of closing extended to 11 p.m., and under it the hour was again fixed at 11 p.m. a few nights ago. Last evening, however, Mr. Alex. Robb, architect, came to the council meeting, armed with plans for the erection of two new brick shops in Queen Street, Onehunga, and asked that the by-law dealing with 9in parti walls be waived, so that 4in ferro-concrete walls be erected instead. The Mayor f and councillors appeared to v".ew the proposal with favour, for if anything 4in ferro-concrete was an improvement. Matters appeared to bo in line for the granting of the permit for ferro concrete under the discretionary clause, when the town clerk (Mr. H. A. Yockney) suddenly remembered that in the dying moments of the last council, Mr. C. C. Davis,, by notice of motion, had had the discretionary clause deleted, and the alteration had been duly advertised, gazetted, and embodied in the book of by-laws.

For an hour or more the council en- ' deavoured to hit upon some way out,- but, although favourable to the request, there was no legal way. The Mayor (Mr. J. Rowe) considered the request reasonable, ■but the action of Mr. Davis blocked it. Messrs. G. L. Taylor and E. J. Higgins suggested that Mr. Robb might go on with the work and the council could overlook the breach, whileat the same time steps were taken to again amend the bylaws. Mr. L Lomas objected to the procedure suggested, and also pointed out that the extension of the hour for closing billiard saloons to 11 o'clock was ultra vires, and this the Mayor admitted was a fact. Mr. Bowe then gave notice to move that the city by-laws dealing with ferro-concrete buildings and walls be obtained, and the Building Committee report at next meeting as to the advisability of their adoption. He did not, however, intend to reinstate the discretionary clause 117. The position lis now' that the billiard saloons must close at 10 p.m., for the 11 o'clock permit is not legal.