THE NEWTOWN HOTELS.

Poverty Bay Herald, Volume XXX, Issue 9840, 5 September 1903, Page 1

THE NEWTOWN HOTELS.

(Per Press Association.) WELLINGTON, last night. All hotelkeepers in Newt-own licensing district, five in number, were again before Dr. McArthur, Stipendiary Magistrate, this morning, each being charged in two informations : (1) with selling liquor without being licensed to do so, and (2) with exposing liquor for sale witliout being licensed. The names of the defendants are: Francis Smith, Patrick Corbey, William Halley, Robert Barclay, and William Redmond. Prior to going on with the case counsel announced that all points in regard to preliminary proceedings in the Supreme Court and Court of Appeal in regard to the issue of licenses were admitted, and, further, that each of the defendants admitted the statement contained in the information against him in. regard to having sold and exposed liquor for sale. The only authority under which the defendants claimed to sell liquor was that the applications for renewals of licenses had not been disposed of by the Licensing Committee. Counsel for tlie police said the Committee disposed of the applications by refusing renewals on the grounds that it liad no jurisdiction. If tlie principle suggested by the defence was really founded upon authority it would mean that a licensee who was convicted three timct could continue to sell. In, England, bj special provision, the Commissioner of Inland Revenue had power to permit licenses to be carried on pending appeal, but no similar provision, existed Here. The prosecution asked the Magistrate to say that the publicans were selling liquoi witliout a license, and it must be stopped A heavy penalty was not asked for on this occasion, but it must be understood that if tlie offence was continued the full penalty would be pressed for in subsequent cases. Counsel for defendants claimed that the licenses had been extended by virtue oi section 23 of the Licensing Act, in which he specially emphasised the words ''finally disposed of." It did not speak of adjournment of the application, and it did not extend the license during a period , of a'n adjournment. If the application was ultimately granted by the direction of the Privy Council the renewal would date from the period of the expiry bj eiftuxion of time of the original application to the Committee. Counsel went ou to elaborate the ; legal aspect of the positioji that had iiow arisen. The course the defence asked the Magistrate to adopt was the very course adopted in the appeal . proceedings. Publicans were appealing in one case to the Privy Council, and in tlie other cases they had lodged an appeal to the Court of' Appeal. It had been agreed that when the decision of the Privy Council was given such decision shall decide the fate of the four casep in the Court of Appeal. - The same courst was adopted in any civil proceedings. The Court decided one case, and practically reserved its decision in. the pending caset until tlie result of the appeal was known. Dr. McArthur said he would give judgment on Monday.