THE NEWTOWN LICENSES.

New Zealand Mail, Issue 1682, 25 May 1904, Page 70

THE NEWTOWN LICENSES.

LONDON, May 18. The appeal from the finding of tha Full Supremo Court of New Zealand in the case of Frank Smith versus Alexander McArthur and others, concerning the issue of licenses ait Newtown, was heard by the Earl of Halsbury (Lord High Chancellor), Lord Bindley (a Lord of Appeal in Ordinary), Lord Justice Kinross (Lord Justice-General of Scotland) and Sir Arthur Wilson (lake Legal Adviser and Solicitor to the India Office) —members of the Judicial Committee of the Privy Council. A unanimous judgment of the Committee allowing the appeal was delivered by Lord lindley. The intention of the New Zealand Legislature, said his Lordship, was to continue every licensing district, and new districts formed therefrom, and all licenses until a poll of the electors had decided which of the three courses set forth in section 3 of the Alcoholic Liquors Sale Control Act of 1895 should be pursued—prohibition, reduction or continuance. Subsection 4 of section 8 of the Act, proceeded his Lordship, showed that existing licenses might be continued beyond the day appointed for taking a poll. Section 21 of the Act of 1893 pointed to a time rather than to the event which was to happen at that time, but the event, namely, the result of the poli, was the governing factor. To ignore that would be to run counter to subsection 7 of section 5 of the Interpretation Act. Tlie various sections and subsections of Acts referred to in tlio foregoing j augment are as follows: Alcoholic Liquors Sale Control Act Amendment, 1895 — Section 3: No license of any description shall be granted or renewed until the electors of tne district have previously determined in manner hereinafter provided—(l) Whether the number of •licenses existing in the district is to continue; (2) whether the number of licenses existing in the dis-' trict is to be reduced; (3) whether no licenses are to be granted in the district. Sub-section 4, section B—lf8 —If the returning officer finds that none of the proposals respecting licenses in the district is carried by ti.e prescribed majority then ho shall notify the Licensing Committee thereof and the number of licenses -shall continue as they are until the taking of the next licensing poll, subject nevertheless to the power of refusing to renew licenses objected io_ . . . . and subject also to the provisions of the Licensing Acts relating to forfeiture or increase of licenses. Alcoholic Liquors Sale Control Act. 1893 Section 21—Where a district constituted under this Act or the Principal Act has been abolished or altered and lias been constituted or divided into new districts, the poll in force in such first-mentioned district at the timo of such abolition or alteration sliall continue and remain in force in such new districts until the period arrives for "taking the next triennial poll, and shall have the . same force and effect as if such poll had been taken in such new districts. Interpretation Act (1888) — Sub-section 7, section s—Every Act and every provision or enactment thereof shall be deemed remedial, whether its immediate purport is to direct, the doing of anything which Parliament deems to be for the public good, or to prevent or punish the doing of anything which it deems contrary to the public good, and shall accordingly receive such fair, large and liberal construction and interpretation as will best insure the attainment of the object of the Act and of such provision or enaotment, according to its true intent, moaning and spirit.