Important Licensing Appeal.

Oamaru Mail, Volume XVI, Issue 4986, 29 May 1891, Page 1

Important Licensing Appeal.

The Court of Appeal, consisting of tho Master of the Rolls and Lord Justice Fry, disposed yesterday of an important licensing appeal in tho case of the Qucon v. tho Justices of Lancaster. Mr Joseph O'Brien, beer-housekeeper, Hulnie, Manchester, had his application for a licenco refused by the licensing justices of Lancaster. Ho obtained a rule nisi for a mandamus requiring tho justices to hear and determine his application afresh, but Mr Baron Pollock and Mr Justice Charles discharged the rule. From this decision the applicant now appealed. 111 giving judgment, the Master of the Rolls said tho justicos at Quarter Sessions had refused tho.liconco mainly 011 the ground that Manchester already had too many licensed houses, while under the Act of 1809, section 8, the applicant could not be deprived of his licence so long as his character was good. That being so, the justices had determined the application on tho wrong grounds, and a mandamus would go directing the justices to re-hear the application, and decide it with reference to the character of the applicant. Lord Justice Fry concurred The appeal was allowed, with costs.