A CITY HOTEL

New Zealand Times, Volume XLII, Issue 9738, 14 August 1917, Page 6

A CITY HOTEL

LICENSEE GETS NOTICE Bit EACH OP COVENANT ALLEGED. An application of an unusual character came before the Licensing Bench yesterday iu regard to the New Zealander Hotel, Manners street. At the last gnnual meeting of the committee the polico raised an objection to the renewal of the license to Prank Herbert t'hiilips on the grounds (1) That the licensee was a man of drunken habits; and (2) that the hotel was improperly conducted, in that drunkenness was allowed in the premises. The application was adjourned until September 3rd. but in the meantime Mas Su'uvan. owner of the premises, has served upon Mrs Phillips ttne lessee) a notice to unit the premises. Mrs Phillips has not done so, and consequently Mrs Sullivan, applied bo have tne license transferred to her on the ground that the lease had boon ended owing to a breach of several of the covenants c-1 the lease. The latter were outlined in the notice to quit, and wore as follow (1) That you have failed: for more than seven dais to pay the rent payable under the said memorandum ot lease, having failed to pay the same for seven davs; (2) that you have parted with the license of the said hotel to Prank Phillips. who is not the occupier of the said hotel for the time being within the ineani-~ of the said memorandum of lease; 13) that the said Frank Phillips, the holder for the time being of the license . . . has been convicted for permitting drunkenness in the said hotel, and is of drunken habits; W that tho said Frank Phillips does not hold a certificate oi fitness to hold a publican’s license, and that tho police have objected to a renewal of the license to the said Frank Phillips on that ground, and on the Grounds that the said Frank Phillips is ot drunken habits, and has permitted drunkenness to take place in tho said hotel; <5) that roil have failed to keep and conduct the said hotel m an orderly, quiet, and respectable manner; m) that vou, the said Elizabeth Mary. Phillips, being a married woman, are iii ( °j)htoc of holding a publicans license; (,) that you have done, or have suffered to lie done, acts which mav cause, or tend to cause, a withdrawal of the publican s license for the said hotel, or by reasons of which acts tho renewal of the license for the said hotel is endangered. Mr A. W. Blair appeared for Mrs Sullivan, owner of the premises, and Mr T. Young for Mrs Phillips. Inspector Hendrey represented the police. LAW POINTS RAISED. ' Before the hearing was proceeded with, Mr Young raised the point as to -whether the Licensing Bench had jurisdiction. There was an intricate question as to whether the license had come to an end. The lease had four years to run. and the bench could not transfer the license until it had been determined whether or not the lease was still in force. Only the Supreme Court could hear an action for ejection, and that was what the application amounted to. The matter, be asserted, was not one for the Lansing Bench. hut tor tho Judges of the Supreme Court. , , , . _ Mr Blair granted that ho had. given ample notice to quit, and List his reasons for doing so were sufficient. Bctore there could he anything in Mr Young s point, then section 125 of the Licensing Act. under which the application was made, stood for nothing. The section was framed for the purpose of getting rid of a licensee who should not be m possession. He would be able to'Pioie that the present licensee had no legal right to remain, in that he/had been served with a proper notice to quit, some of the grounds of which Mr Young was bound to admit. "We have. determined the lease/* stated Mr Blair, and if that is bad, well, th*y are at liberty to appeal to the Supreme Court, for rcliet. They won’t do that, because they know they have not a srhost of a chance. It they did j?o to the Supreme Court we would bo quite prepared to meet them. If our notice is bad, it is for th Gm jo show where it is bad. The Property Law Act had nothing to do with the “’The Chairman stated that the' point raised would be considered. la tie meantime, the committee would pretei to hear all the evidence. "PLACED OUT OP BOUNDS." . Mr Blair stated that the conduct of the hotel had been very unsatisfactory and was regarded as such by the Police and the military authorities. On August 9th the hotel was placed out of bounds by the military authorities. I was the only hotel in Wellington that had such a stigma put Upon it. n showed what the military authorities thought of the hotel. To be placed out of bounds was the worst that could happen to it. , , Mr Riddell:"! don’t think wa can consider that." ■ Mr Blair said the facts which led up to it took place before July. 2nd. wfien notice to quit was served. Counsel proceeded to deal with tho other points referred to in the notice, asserting that Phillips was regarded by the police as a wholly unsatisfactory person to hold a license, and that he had not yet received a certificate of fitness. Cecilia Bridget Sullivan, one of the landlords of the hotel, was the first witness called. She stated that the last rent receipt was dated May 15th, 1917. No rout had been received since. On July 2nd notice of determination of the lease was given, and on July 3rd seven weeks’ rent was owing. Since July 2nd she had received two chequer through the Jiost, but these were not cashed. The rent had always been behind. NOT A PROPER. PERSON. Inspector Hendrey, called by Mr Blair, stated that while in Wellington he had a great deal to do with the hotel. It was declared out of bounds by the military authorities on August 9th. While he was iu Wellington various complaints were made to him regarding the New Zealander. To his knowledge Mr Phillips had never received a certificate of fitness, and the police did not regard him as a proper parson to hold a license. To Mr Young: When the case was before the Licensing Bench last September he objected to a transfer of tbs license, but the Bench granted it. Mr Blair: What would you say as to the conduct of the hotel before you went away? Inspector Hendrey: It was conducted about as badly as a licensed house could be. Mrs Sullivan stated that she had received a certificate of fitness in regard to the New Zealander Hotel. She had not offered any compensation to ..Mrs Phillips to give up the lease. She had no intention of offering compensation. Mr Young asked whether there was any need for him to proceed. Section 125 of the Act was not operative until the lease was declared to be at an end. Mr Riddell said it would be much more satisfactory to the court if the Supreme Court could decide the question of the lease. The hearing would be adjourned until next Monday, and in the meantime the point would be considered.