WAIPAWA LICENSES.

New Zealand Times, Volume LXXII, Issue 4824, 29 November 1902, Page 5

WAIPAWA LICENSES.

A AtANDAMUS REFUSED. Yesterday tho Chief Justice delivered Ids decision on tho application made hy John Brown Westlake, board-ing-housokeepor, Daimevirko, for a mandamus against the Vvaipawa Licensing Committee to compel them to hear and determine, or in the alternative determine, an application made ■by him for a license for certain promises known as the Post Office Hotel, Dannevirke. It appeared that in the Waipawa district there wero nineteen licenses in existence undbr a continuance poll, and on Juno sth tho license for tho Exchange Hotel lapsed. Two applications were lodged for the vacant license, one for tho Woburn Hotel. Waipuknrau. and tho other by plaintiff. The Woburn licento wad granted by tho committee, but was subsequently quashed by tho Supreme Court.

His Honor said ho was not satisfied that the committee did not decide the application on the merits. They bad two applications before them, heard evidence on both, and, having only one liqouse to grant, granted the one to the Woburn Hotel, and necessarily refused or declined to grant tho other. But even if they had not hoard and determined this application on the merits, he did not soo how the .plain meaning of section S of the Alcoholic Liquors Sale Control Act Amendment Act, 1895, could he got rid of. That section declared that after a local option poll no more licenses could be granted than were in existence when the poll was taken. When the noli was taken in this case eighteen licenses were in force, and to grant this license would have made nineteen. He was of opinion that as tho committee would bo bound now to refuse tho license, a mandamus ought not to issue. Judgment would be given for the defendant, without costs. Mr Myers appeared for 'plaintiff and Air Wilford for the defendant, Mr N. C. Smith, one of the committee.