NO LICENCE FOR HOTEL.

New Zealand Herald, Volume LXVII, Issue 20537, 11 April 1930, Page 14

NO LICENCE FOR HOTEL.

KAMO SPRINGS CASE.

LAPSED FOR TWELVE YEARS.

"NO JURISDICTION TO GRANT."

QUASHED I3Y SUPREME COURT

"I am quite satisfied that the licensing committee had no jurisdiction to grant this licence," said Mr. Justice Ilordmati in the Supremo Court yesterday, in a judgment quashing the issue by the Marsden Licensing Committee of a licence to tho Kamo Springs Hotel. Tho licence had lapsed for 12 years, until it was granted by tho committeo to another hotel on Juno 29 last.

Tho motion for a writ of certiorari in order that the publican's licenco should bo quashed was put forward by William Gwyn, of Kamo 'Bridge, builder, and James Jackson, of Whangarei, contractor (Mr. Tuck), and tho defendants were Guy N. Morris, S.M., of Whangarei, and members of tho Marsden Licensing Committee (Mr. Richmond).

His Honor said that in 1917 there existed a publican's licence, which was granted in respect of tho Kamo Springs Hotel. In June, 1917, an application for the renewal of this licence was lodged, but afterwards it was withdrawn. SimuHanuously, an application was mado for a publican's licenco at a place called I'oroti, in lieu of an accommodation licenco which had been in existence. The application for tho publican's licence was granted, but tho licenco was afterwards quashed by tho Supreme Court, After this proceeding an accommodation licenco for the premises aL Poroti was granted. " Dead for Twelve Years." ' Since 1917 up to tho date of the granting of tho licences in respect of which theso proceedings had been taken, no licence of any kind had been granted in respect of the Kamo Springs Hotel. Tho effect of granting tho licenco in respect of tho premises known as the Kamo Springs Hotel on June 29, 1929, was to increase tho number of publicans' licences in the Marsden Licensing District by one over the number existing at tho various annual meetings of tho Licensing Committee held sinco June. 5, 1923.

It would ho seen, therefore, that in 1917 the licenco for the Kamo Springs Hotel which in that year existed was not renewed, and that it accordingly ceased lo esist. The licenco had been dead for 12 years. It was claimed, however, that it could be resurrected under tho existing law, hence tho application that was granted last year. Rclianco was placed upon section 30 of tho Licensing Amendment Act of 1910, as amended by section 3 of the Act of 1920.

Right to Restoration. "The section must be read as a whole, and when it is considered in this way-its effect is quite plain," said Jlis Honor. "It gives a restricted right only to a person to have a licence, which has boon lost bv some accident or error or which for soine reason has been forfeited, restored. Proceedings may be taken 'at the first annual meeting after tho forfeiture, non-renewal or cesser of tho former licence, or at. the annual meeting, at which a renewal of the former licence might, have lieen granted if duly applied for.' That has not been done iu this case.

"The time within which application could be made for a licence in substitution of the publican's licence, which was allowed to lapse 12 years ago lias long since expired. Since that, date polls have been taken, the will of the electors has been expressed and boundaries have undergone some change, but no application to restore this licence was lodged until 1929. An Important Interpretation.

"In Scales v. Young, Mr. Justice Adams supplies an interpretation of seel ion 30 of the Act of 1910, which, I think, is in point in the present case and well worth recording in these proceedings. He says: 'Section 30 of the .Act of 1910 does not confer jurisdiction to increase the. number of licences in any district. II is, in fact, a disabling and not in enabling section, and is supplementary to the earlier sections under which licences might, be granted in an ordinary licensing district. Subsection 1 prohibits the grant of any new licence, except (I.) under a determination for restoration, (II.) an increase provided for in section 144 of tho Licensing Act, 1908, (III.) in substitution for a licence which has been forfeited, or has not been renewed, or has otherwise ceased to exist. Cases under (III.) are dealt with in subsection 2. The annual meeting referred to in that sub-section, at which the application for a licence to fill the vacancy caused by lapse or cesser can bo granted, is the "first annual Meeting after the forfeiture, non-renewal or cesser of the former licence, or the annual meeting at which a renewal of the former licence might have been granted if duly applied for." ' "